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During the course of an employment relationship, disagreements may arise over whether you are entitled to more or less pay, as well as over the various items that make up your paycheck.
If you have noticed discrepancies in your pay or suspect that there are missing or erroneous items in your paycheck, it is critical to act promptly to protect your rights and get the fair compensation you are entitled to. Our law firm offers expert advice and competent legal representation to assist you through the process of recovering pay discrepancies.
Wage labour
In many labour cases, there is first and foremost a debate as to whether the relationship established between the parties is one of subordinate employment, or whether it can be traced back to other forms of collaboration (parasubordination, self-employment, occasional performance...). In the absence of a clear intention of the parties, case law uses criteria to determine whether it is subordinate employment:
The main revealing index is the worker's subjection to the employer's managerial, supervisory and disciplinary powers.
But there are others, to be evaluated on a case-by-case basis, such as the employee's inclusion in the company's production organization, the absence of a business risk on the part of the employee, periodic remuneration, the obligation to report one's attendance and absences from the workplace, the observance of a work schedule, the need to agree with the employer on periods for the enjoyment of vacations...
Find out how we can assist you
Payroll examination
We will carefully review your pay stub (if it was provided to you) and evaluate each pay item for discrepancies or errors.
Conciliation attempt
In many cases, disputes over pay differences can be resolved through negotiation or mediation. Our goal is to obtain a fair and satisfactory settlement without the need to proceed with more complex legal actions.
Law suit
If the issue cannot be resolved through negotiation, we are ready to represent you vigorously and competently in legal proceedings.
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