I want to file a wage non-payment complaint. What evidence should I collect?

A wage non-payment complaint is a procedure based on Articles 36 and 43 of the Labor Standards Act, etc., where a worker holds the employer accountable through criminal complaint when the employer has not paid wages by the set deadline.

However, it cannot be established by the complainant's claim alone, and evidence proving that an employment relationship actually existed and that wages were not paid is required.

The key elements that the court considers important are as follows.

(1) Whether there was an employment contract relationship between the worker and the employer

(2) Whether the worker actually provided work

(3) Whether the wages for that were not paid by the set deadline

There are various pieces of evidence that an ordinary person can prepare to prove these requirements.

First, you can prove the employment relationship with the employment contract, pay stubs, four major insurance subscription details, attendance records, etc.

In addition, you must collect materials that can prove non-payment of wages such as bank deposit details, messages where the company promised payment but delayed it, voice recordings, contracts, etc.

Particularly, even if you have lost the pay stubs or employment contract, in many cases, wage non-payment can be proven only with circumstantial materials such as bank transaction details, four major insurances, and the fact of working.

In conclusion, the key to a wage non-payment complaint is to collect as much evidence as possible to support the fact of providing work and the fact of non-payment of wages.

Organizing materials from the early stage can work favorably for both labor office complaints and criminal complaints.