Munich company taking advantage of employees

I recently took a side job with a tour guide company where I would work for free, they would do the advertising and I would take the tips. That was the deal as explained to me when I was 'hired.' It's actually a fun job and good side money if you are good with people and can put on a good show.

The original deal was "we advertise, you work for free, we get promotion out of you, your income is the tips" then after a few shifts they added well there is the dollar a head to cover what we have to pay the hostels...

A dollar a head is twenty percent of the average tip. To me that's a lot, considering that I report my income and pay my taxes. In addtion the way the whole dollar a head thing was hidden until after I had started working is really bothering me. I feel like I've been conned. I wonder if the other people they hired are thinking the same thing.

I have very little experience in the German legal system, but this is a new company that has started up and frankly I don't like the way things are shaping up one bit. I need some TT advice. Where can I go for legal recourse?

Sounds like a scam from the gitgo. What do they advertise and how do you get tips?

Well its a new tour company. The tour is free. The tourists tip at the end. This in itself isn't so bad. I seem to be pretty good at it. The tips were ok. The guys who run the company were cool too. You advertise the tours they actually charge for. they advertise for the free tour. The relationship is supposed to be reciprocal.

The dollar a head that is supposed to be paid is what's getting to me. That can't be legal. Especially if you don't mention it at the hiring time.

Do you have a contract?

Nope. It's supposed to be a freelance gig. So there wasn't any contract just a verbal agreement.

Freelancers can get contracts.

Well, as it sounds like you are working "black", there really isn't much I can see you doing about it legally. How do they know how many people take the free tour? Do you report the number or is there a sign-up sheet that they control?

Seeing as though it's freelancing, you could just walk, couldn't you?

How does the company make money if they don't charge for the tour, but pay for advertisement?

he said. he advertises other tours of theirs on his tour that are not for free. so they get free advertising, word of mouth.

I found out after I started that they get a dollar a head from the guide's tips. Which wasn't mentioned during training or the job interview.

They do the advertising for the free tour (flyers and pickups at the hostels). During the free tour the guides advertise the paid tours. The paid tours and pubcrawl are supposed to generate income for the company. That and they have a magazine for which they sell advertising.

They record the amount of tips you make and the number of tourists you have at the end of a tour.

I had assumed it wasn't black work if I reported my tips and paid tax on it. I'm still not scared to go to the authorities. I just don't know where to go.

Yeah I can walk. But that's not the point. They are roping their guides in with one relationship and then making them the pay the company to let them work for free. That isn't right.

Okay, I understood this was a sideline and you weren't paying tax on this bit.

Well, without a written contract, it's your word against theirs for what was or wasn't mentioned during the training or interview.

If I were you, I would ask them how it is that they have to pay the hostels anything to just leave flyers about? Certainly doesn't cost them a Euro a head. I would then say that I'm didn't really feel so much like advertising their tours when they were biting into your very marginal profit.

What if you don't make tips? Do they still charge you a dollar per head?
It seems to me to be a reference charge so to speak, but that they get compensation more ways than one. Go to them and tell them that you will charge one dollar per head to take them on the free tour. They balk, then you walk. Simple.

Interesting. From your description of how they operate I know exactly which company you are talking about. Am I allowed to name them here? It might help forewarn other potential employees!

OK, I notice you deliberately haven't named them, so I won't either. But note that they posted a job advert to the TT classified job offers at the end of March this year.

I can't help you with any specifics on legal recourse. My best suggestion would be to get the "Die Muenchner" business directory (that blue telephone book type thing that every Munich household gets automatically delivered) and search for lawyers (Rechtsanwalt) that specialise in employment law (Arbeitsrecht). There are 26 of them listed in the online edition, here's the link: Rechtsanwalt - Arbeitsrecht.

An initial brief enquiry as to whether they can help you wouldn't cost anything, surely? Or am I being naive with that?

Not naive at all. Im looking right now. Thanks.

it's basically a new tour company in town who is trying to undercut the whole of the established market by offering free walking tours and trying to sell its pub crawl off the back of it. i've often wondered why anyone would want to work for a company like this when you can work for other tour companies who pay you good money and you get the tips too. i suggest you apply to one of those instead and forget about trying to change the situation you're currently in.

Walk away. Save it for a fight on a worthwhile issue another day.

if you want free advice then you can go to the Arbeitsgericht for a free interview with employment lawyers. The Arbeitsgericht is near to Nordbad. But in your case I think there is little that can be done without a contract. I take it you have a work permit.

Yep,
Im legal, I was doing this on the up and up. I'm going to see the Arbeitsgericht and then Ill check with the other companies. Thanks.