Working without getting paid is one of the most frustrating and unfair situations an employee can find themselves in. Unfortunately, many are affected by unpaid wages – but you have rights and there are legal ways to act. At Askari Juristbyrå we help you claim your rightful salary and, if necessary, take your employer to court through a summons.

In this post, we’ll go over what to do if you don’t get your pay on time, which laws protect you, and how you can proceed with a suing of your employer to ensure you get what you’re entitled to.

What does the law say about unpaid wages?

The employer is obliged to pay your salary on time according to the employment contract and applicable laws. In Sweden, this is mainly regulated by:

✔ Employment Protection Act (LAS) – Protects you against unfair treatment by the employer.
✔ The Payment Order Act – Gives you the opportunity to claim your salary through Kronofogden.
✔ Bankruptcy Act – If the employer goes bankrupt, you may be entitled to a state wage guarantee.
✔ Arbetsdomstolen – If the employer refuses to pay, you can take your case to court by suing the employer.

The importance of a written employment contract cannot be emphasized enough, always ensure that your terms of employment are documented so that you can refer to the terms of the employment contract in the event of a potential dispute (suit) in court.

Step-by-step: What do you do if you don’t get your salary?

If your employer does not pay your wages on time, follow these steps:

1. Check your employment contract

Go through your employment contract and see what it says about salary payment. Also see if there are collective agreements that regulate your salary.

2. Remind the employer in writing

Sometimes it can be a mistake or a temporary delay. Send a written reminder via email or letter and save a copy.

3. Demand your salary in writing (payment request)

If the salary has still not been paid, send a payment request stating:

• How much salary is missing
• Consequences if wages are not paid (e.g. legal action or summons by the employer)

4. Contact the union (if you are a member)

If you are a member of a trade union, they can help you collect the wages and take the case to the Labour Court if necessary. Some disputes between employees and employers can be dealt with in the labor court, otherwise you can turn to the general court (district court).

5. Report to the Kronofogden

If the employer refuses to pay, you can apply for a payment order from the Swedish Enforcement Agency. This is a formal payment requirement that can lead to collection of the debt. The bailiff usually gives the employer an opportunity to make a statement regarding your claim for unpaid wages. The matter can then proceed to the general court (district court) if the employer contests your claim.

6. Sueing the employer – Get legal help!

If you still do not receive your salary or if the employer refuses to cooperate, you may have to proceed with a summons against the employer in the district court or the Labor Court.

At Askari Juristbyrå we can help you to:

✔ Write and submit a lawsuit against your employer
✔ Represent yourself in court and pursue your case
✔ Negotiate a settlement or pursue the case further in legal instances

We offer a follow-up call to discuss your case at a glance and also to review any evidence you may wish to refer to. With a follow-up call with a lawyer, you get a better idea of ​​the upcoming process, time aspects, and also information about how much it might cost.

Legal protection or legal aid

You may be entitled to legal protection, via your insurance company. Legal protection means that your insurance usually pays about 80% of your legal costs, which of course means less risk and worry about high legal costs. An application for legal protection is sent in by a lawyer you hire. If you have an ongoing dispute against your employer and also need to understand the cost aspects, you can always contact us for more information. We sincerely believe that every client should be well aware of their opportunities, rights and obligations, we also understand the importance of you as a client being informed of the possible costs you may have to pay, and thus also the importance of answering the question of legal protection.

Legal aid

If you meet certain requirements, mainly regarding your annual income level, you may be entitled to legal aid. Which means that the state reimburses your representative’s costs. An application for legal aid is also sent by the lawyer (your representative). More information about legal aid can be found here: Legal aid – Sweden’s Courts

What is the difference between legal protection and legal aid? – Sweden’s Courts

When can you be entitled to a government wage guarantee?

If your employer goes bankrupt, you may be entitled to receive your wages through the state wage guarantee. It covers:

✔ Up to four months salary
✔ Holiday pay and unpaid benefits
✔ Maximum amount according to current legislation

We at Askari Juristbyrå help you to apply for salary guarantee and make sure you get what you are entitled to.

Frequently asked questions about unpaid wages and summons by employers

Can I stop working if I don’t get my salary?

Yes, but it is important that you do it the right way. In some cases, you have the right to suspend your work until the salary is paid, but we recommend that you first speak to a lawyer to avoid mistakes.

Can I claim damages for unpaid wages?

Yes, if your employer breaches the employment contract, you can in some cases claim damages in addition to the unpaid salary.

What happens if the employer threatens me if I demand my salary?

It is illegal for an employer to threaten an employee who demands their wages.

This is how Askari Juristbyrå helps you

Collecting unpaid wages can be a difficult and stressful process, but we are here to help. At Askari Juristbyrå we offer:

Free initial consultation – We assess your situation and give you advice.
Help with payment claims and legal action – We run your case and can represent you in court.
Suing the employer and representation in court – If required, we will take your case on to the district court or Labor court.

📞 Contact us today for a free consultation

If your employer refuses to pay your salary, don’t let it hang. The faster you act, the better chance you have of getting what you’re entitled to.

📧 Email us at: info@askarijuristbyra.se
📞 Call us at: 08-58625862
🌍 Visit our website: www.askarijuristbyra.se/en

Askari Juristbyrå – Your security in labor law matters.

Mer information:

You want to get paid | Bailiff Apply to get paid

Apply for summons – Sweden’s Courts Application for subpoena

Law (1982:80) on employment protection | Sweden’s Riksdag