I have a question about labor court. If an employer owes you misc (back pay, stocks etc) that has never been paid to you per your contract and you want to take them to labor court to recoup what has not been paid should you go to labor court before or after you resign? If I do resign I want to not leave any loopholes for my employer not to pay me. I have talked to them about getting what is owed to me but it is falling on deaf ears for the past two months.

before

Also if you resign, you will not be entitled to any severance. Severance is only payable if you are fired by the employer.

So depending upon the length of time you have been working for them, you may be able to avoid the whole process. You can let them know that you realize how much severance you would be entitled to recieve if they fired you, but you are willing to compromise and if they give you your back pay you will agree to resign from the company.

Edited December 18, 200916 yr by CWMcMurray

You can find more information about severence pay starting on page 51 of the English translation of The Labour Protection Act of 1998 here.