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Gardening company ordered to pay more than €17,000 after withholding wages for months

NEWS
POLICY & LEGAL
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Willemijn van Iersel, Monday 24 August 2026
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Employer failed to appear at summary proceedings over unpaid salary

A gardening company must pay an employee more than €17,000 gross after wages were not paid or were only partially paid for several months. This was recently ruled by the subdistrict court in Enschede. In addition to the outstanding wages and holiday allowance, the employer must pay more than €5,700 in statutory wage increase.


The employee started working as a gardener for 32 hours per week around 15 July 2025. He received a salary of €2,080 gross per month, excluding holiday allowance. In December 2025, the employer paid only €500 net. During the first five months of 2026, only the salary for March was paid in full. The gardener reported sick on 24 March and was still unfit for work at the time of the ruling. The reason why the company failed to pay the wages is not stated in the judgment.

Employer fails to appear

The employee eventually went to court to enforce payment. The employer had been personally summoned but did not appear at the summary proceedings. The subdistrict court granted the wage claim. The gardening company must pay €9,670 gross in overdue salary and €1,747.20 in holiday allowance. An additional €5,708.60 in statutory increase must also be paid. The total amount is €17,125.80 gross.


This is not the end of the matter. From 1 June 2026 onwards, the employer must continue paying the monthly salary of €2,080 until the employment contract is legally terminated. Statutory increases and interest may also apply to these payments. The company must also provide correct payslips. If this is not done on time, a penalty of €50 per day applies, up to a maximum of €1,000. The employer must also pay €815.08 in legal costs.


This article was previously published on 24 August 2026 on the website of De Hovenier.

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