Most employee claims against employers are subject to a statute of limitations, meaning that after a certain period an employer can refuse to satisfy an employee’s claim. Generally, this period is three years.

The limitation periods for claims are defined in generally applicable laws and cannot be established otherwise in an employment contract (or other agreement with employees). Such a provision in the contract would be invalid.

Claim for Payment of the Base Salary
This claim expires after three years from the day after the payment deadline. The payment deadline should be defined in the collective labour agreement, work regulations or employment contract. If it is not found in these documents, we refer to Article 85 § 2 of the Labour Code, which states that monthly salaries must be paid by the 10th day of the subsequent calendar month at the latest.

Claim for Payment of a Bonus
This claim expires after three years from the day after the bonus payment date.

Claim for Payment of Overtime Resulting from Exceeding the Daily Working Time Limit
This claim expires after three years from the day after the payment date of the base salary for the month when the overtime occurred.

Claim for Payment of Overtime for Average Weekly Overtime
This claim also expires after three years, which starts after the end of the settlement period in which the overtime occurred.

Claim for Paid Vacation Leave
The claim for vacation leave also has a three-year limitation period, generally calculated either from the end of the calendar year for which the vacation was due or from the end of the third quarter of the following year (if the vacation was postponed to that year).

Claim to Establish the Existence of an Employment Relationship
This claim does not expire. An individual employed by an employer under a different type of contract than an employment contract can request the establishment of an employment relationship at any time, even many years after employment ends. However, it is important to distinguish between a claim to establish the existence of an employment relationship and a claim for overdue wages (e.g. to equalise the salary based on a civil law contract with the minimum wage). The latter claim is subject to a statute of limitations (generally within three years).

Claim for Compensation for Harm Caused to an Employee Due to a Crime
The employee has up to 20 years to seek compensation from the employer for harm caused by a crime. This period is counted from the day the crime was committed.

Claim Confirmed by Settlement or Court Ruling
If an employee’s claim has been confirmed by a final court ruling or a settlement made before a court or conciliatory committee under Articles 242-256 of the Labour Code, the claim is subject to a statute of limitations of 10 years from the date the ruling becomes final or the settlement is concluded.

Important Note on the Statute of Limitations Period
It is important to note that the statute of limitations for employment-related claims is regulated separately (under the Labour Code, not the Civil Code). Therefore, the Civil Code’s provisions stating that the statute of limitations ends on the last day of the calendar year, do not apply. Employment-related claims expire exactly on the day the limitation period ends, not at the end of the year.