Employees have a contractual term that their salary will match whatever inflationary increases are agreed from a a particualr national payscale body. This normally takes effect in April each year. This year the agreement was not agreed by the payscale body until much later than April so it will be backdated in the December payroll. For people that left in say August are we obliged to send them their back pay?

  • 2
    This is a question that you need to ask of your lawyer. Dec 4, 2018 at 16:52
  • 5
    This is a legal question and we don't give legal advise on this stack. I am pretty sure that you would have to pay them (at least in my locale), but consult someone who actually knows (i.e. a lawyer) regardless if you are employer or emloyee.
    – rasan076
    Dec 4, 2018 at 16:54
  • Since it's a legal matter you should include your jurisdiction in the tags, but legalities aside it would seem fair that they would.
    – komodosp
    Dec 5, 2018 at 10:05

2 Answers 2



They worked for you during the contracted period so any ratification to that contract still applies.

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    Unless you have some legal references to back this up it isn't always that simple. Dec 4, 2018 at 19:09
  • It works that way in Canada. My last contract was 3 years out of date before it was ratified and signed. Everyone who left between that time got paid. Dec 4, 2018 at 19:14
  • This is a fine answer even discounting legalities. There are often ethical-related questions on this site and the question is answerable in that context.
    – komodosp
    Dec 5, 2018 at 10:08

For people that left in say August are we obliged to send them their back pay?

That depends on the specifics of the contract and local laws.

In every company where I have ever worked (in the US), back pay would not have been required.

If you want to know the correct answer for your case, you must read the contract and potentially talk with a local labor attorney.

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