It is always better to take a complaint about your employer to the inspectorate, than to the police. Labour inspectors know the laws surrounding labour. They will also help you without passing your name on to Immigration Services. The police are not specialised in employment rights, so they might not be able to help you. It is likely that the police will contact immigration services.
If you submit a complaint and the complaint is serious enough and you can provide the necessary evidence, the inspectorate will investigate the matter. A complaint is always confidential unless you give permission for your name to be published. Your name will therefore not be passed on to anyone. However, if you still want to receive wages, you must give the inspector permission to mention your name when he contacts the employer. It may also be that the inspection catches you on the work floor. here read more about what you can do has to do.
Anyone who receives financial support from the OCMW should know that when determining undeclared work it is likely that no further support will be paid out.
If, after the investigation, the inspectorate decides that the employer has broken the law, there are a number of possibilities:
- The inspectorate can make a proposal to the employer to ‘repair’ a violation and ask for unpaid wages to be paid.
- The inspectorate can pass the case on to the court.
- If the court decides not to prosecute, the inspectorate can impose an administrative fine.
If the case is taken to court and you want to receive your wages from your employer, you must report as an injured person. If the boss only gets a fine and you want to receive your wages, you can take him to court. You will find here more info.
