Reward of Failure to Payment of Wage (Some Critics on Supreme Court Unification Judgment Number 757)

Although an employee can prosecute his employer for non-enforcement of its wage condemnation according to article 185 of Labor Law and via he choses a penal sanction but legislator have not foreseen an article in Labor Law about civil sanction of Late Payment Indemnity of wage or condemnation of it in Employee & Employer Conflict Resolution Commission and so this silence occurred conflict of judgments in our courts and consequently in our Supreme Court’s Chambers. Finally, Supreme Court by its Unification Judgment Number 757 held that adjudication about this kind of sanction is under jurisdiction of Civil Tribunals and this claim is out of authority of that special Commission (EECRC). We believe that this Unification Judgment is consistent by the nature of Employee & Employer Conflict and so it cannot be properly justified by Principles of Labor Law.