Can I pay my employees in cash?
Wages in cash or by bank transfer?
An employee terminated her employment after a dispute. Now she is entitled to the money for the last month. She has already received a statement according to which she is entitled to a net amount of 1,743 euros. The problem: The employer cheekily told her to collect the money in cash. Is it lawful?
A really interesting problem. It is actually the case that the place of performance for the employer's wage payment obligation is the place where the company is located. The place of business remains the place of performance even if you are employed as an employee, e.g. as a sales representative, outside the business premises. This means that you generally have to collect the remuneration from the company.
If it is not possible or unreasonable for you to collect your wages, an employee's obligation to collect turns into an employer's obligation to send. For example, if you do not work at the employer's headquarters, but work hundreds of kilometers away, he has to transfer the money to you.
If you have always received your wages by transfer so far, the suspicion is that it is purely a harassment measure if you are now supposed to collect the money. Harassment is also prohibited! However, the question arises as to whether you want to initiate a lawsuit over this.
My tip: send an agent to collect the money. Then you don't have to come face to face with your former employer. In such a case, you should provide the messenger with a power of attorney accordingly. Only then will your former boss actually hand over the money to him. As a precaution, you should announce the messenger in writing beforehand.
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