Labour Law

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With-held Salary

Question: Mr. Hardie. I need to know what can I do. I am a Contractor for a Company and been paid as per Contract by a Broker. It happend that the Company’s payment to the Broker was late and the Broker withheld my salary for 21 days… well, until the late payments were received. Currently I understand there is another late payment to the Broker and this means that they will withhold my Salary again. This has serious issues. The Broker just says it is a contingency plan and due to the ressession no advance payments can be made. The Bank has warned me that my Credit rating is zero due to unpaid debit orders. I have lost money due to unpaid debit orders. Does the Broker have the right to withhold my salary in this case? Do I have the right to ask the Broker to pay me the bank costs back for the unpaid debit orders?

Answer: They may not withhold salary or defer it. If payment is not made as scheduled you may lodge a complaint with the Dept of Labour for unpaid salary. I doubt you will be very successful in recouping your debit penalties.

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