Unpaid wages in France: formal notice to the employer and the labour tribunal (letter template)

Quick answer

Salary is due every month, on a fixed date: an unpaid or incomplete salary is claimed in writing, fast. The method: check payslips and transfers, claim once in writing, then serve a formal notice by registered mail (interest starts running — article 1344 of the Civil Code). Without payment, the labour tribunal (conseil de prud'hommes) — in fast-track (référé) for wages that are not seriously disputable — orders payment, interest and, if needed, penalty payments. Limitation: 3 years (article L3245-1 of the Labour Code). Non-payment of wages is also a criminal offence.

1. Check before claiming

• Payslip: base salary, overtime, contractual bonuses, deductions — quantify every gap.
• Contract and collective agreement: payment date, mandatory bonuses, premium rates.
• Bank statements: date the delays and missing transfers precisely.
• An employer who withholds payslips faces sanctions: request them in writing.

2. The formal notice, trigger for interest

After a first fruitless reminder, the formal notice by registered mail:

• starts legal interest on the sums due (article 1344 of the Civil Code);
• establishes the employer's failure for what follows (tribunal, labour inspectorate);
• usefully precedes fast-track proceedings — the judge will see your good faith and the employer's silence.

3. Formal notice template for unpaid wages

Subject: Formal notice — unpaid wages

Dear Sir or Madam,

Employed by your company as [position] since [date], I note that the following sums have not been paid to me: [detail — months, base salary, overtime, bonuses], a total of €[amount] gross.

Despite my claim of [date], the situation has not been regularised. Pursuant to article 1344 of the Civil Code, I hereby give you formal notice to pay these sums within 8 days of receipt of this letter and to provide the corrected payslips.

Failing that, I will bring the matter before the labour tribunal, including in fast-track proceedings, seeking payment with interest, delivery of documents under penalty payments and damages, and I will inform the labour inspectorate.

Yours faithfully,

[Date — Signature]

A dated formal notice weighs heavily before the tribunal: MaisonMail can print and dispatch your letter through an available registered service. Origin market, delivery times, tracking and the proof-of-receipt slip are confirmed before payment. See also: writing a formal notice.

4. The labour tribunal: fast-track, the express lane for wages

• Fast-track (référé): for claims not seriously disputable (wages, provisional awards), a decision within weeks, enforceable.
• Full proceedings: for complex disputes (overtime to prove, contested bonuses) — gather schedules, emails, witness statements.
• Under penalty payments: delivery of corrected payslips and documents.
• Support: union, union defender, lawyer; the labour inspectorate can record the offence — unpaid wages are criminally punishable.

For lasting, massive arrears, treating the contract as terminated at the employer's fault (prise d'acte) or judicial termination should be weighed with counsel — if the breach is serious enough, the effects are those of a dismissal without real cause.

5. Insolvent employer

If the company is in receivership or liquidation, declare your claim to the court-appointed administrator: the wage guarantee scheme (AGS) covers unpaid wages and indemnities within limits.

6. Common mistakes

• Letting months slip by: each salary claim expires after 3 years, and the company may become insolvent.
• Claiming only orally: without writing, no interest and no proof.
• Stopping work without legal advice: the move can backfire.
• Forgetting overtime and bonuses in the total.
• Signing a final settlement without reservation while sums remain due.

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In short: quantify precisely, claim in writing, serve a formal notice by registered mail (interest running), then fast-track labour proceedings — quick and effective for wages. Three years to act, the AGS if the employer is insolvent, the labour inspectorate in support: a salary is not negotiated, it is paid.