Ripped off by work

Hi,

Can anyone help me or point me in the right direction. Any similar experiences.

I'm finishing up at my old job and start a new one in October. My old employer has decided that in my last pay he will deduct ca. €800 - their contributions to my pension scheme over the past 6 months. I've got nothing in writing to say that they had accepted to make these payments. It was part of a salary increase which was discussed. I got the salary increase as well as getting them to pay my pension - part of a complete package.

Can they just turn around now, after having paid the contributions and after having given me 6 months of payslips which confirm this, and say that I have to pay it because I'm leaving.

What can I do. Somehow it just doesn't seem right.

may i suggest you consult a lawyer specialising in employment law. You are unlikely to get sound legal advice on a forum.

Well, if you have it in writing, legally, they can't take it from you.

The big question is whether you want to pay a lawyer €1000 and wait 8 months to get to court to win back your €800.

They know you won't do it, so why not take the money?

a short legal consultatin will not cost €1000. At least then you will be sure as to your rights and can then decide whether to threaten legal action or not. If you are in the right, a letter from your lawyer may be sufficient in rectifiying the problem.

And I won't get the lawyers costs back. That's what they told me today at the arbeitsgericht. Because the case isn't anwaltpflichtig. So if I get a lawyer, then he gets either the €800 that I win he gets €800 when I lose, so where else can I turn except a forum where someone might say - "there's a free city law service" or "in law nr. 123 it says ...bla bla bla.." or "that happened to me and I did bla bla bla and this is what happened"

I don't quite understand the logic of them deducting the money from your final pay. If they paid the contribution, and if there is no documentation to show that this payment was conditional on something (e.g. you staying on for a certain period of time), then what basis do they have for reclaiming the money?

Well I also don't have anything that says "we will pay this much per month towards your pension". We just talked about it and they did it and that was that ..until now.

I've been through this, and my experience (with good legal advice) is simple:

It's in writing or it's not.

If it's in writing, you can sue them. If you sue them, you need to pay a lawyer and the court. Court dates are hard to get, so you'll wait a while. Lawyer fees for something like this will probably easily hit €1000, which you can get back from them when you win, but you have to come up with it in advance to pay the court and the Lawyer and.. and..

If it's not in writing (and it seems it's not), any lawyer will tell you to get it in writing next time.

I am currently suing a former German employer. The violation took place in July 2004 (much higher amount than this). My attorney expects a court date sometime in early 2006.

Live and learn.

Ok, "in writing" is a problem, but if an employer gives you 5 pay slips which document that I no longer pay the contributions - is that sufficient to constitute and acceptance of the payments?

still, my point is that the first step is to find out if you CAN sue or not. A simple consultation will set your mind at rest and will not cost an arm or a leg. If he says you have no legal grounds, then you needn't go ahead and you haven't lost much more. If you have and you win, the other side has to pay your legal costs.

I doubt anyone here will be able to give you precise advice on the matter.

I thank you OG . . . the Vicar IS in concurrence.

(Burp)

Just ensure your Fritzbrief is worth his salt (ie. comes recommended by someone trustworthy.)

It was a verbal agreement, though, right?

yeah that's right and the boss has just sent me an email saying "..as of April we tood over the insurance and the tax as a motivation factor for the year 2005 and definitely put it on top of the bonus payments of 2006 to keep your monthly net income unaffected by the insurance". That sounds to me like an "in writing" contribution now. Do you think this helps? What he's saying is that this is my 2006 bonus which I'm now not allowed to get coz I'm quitting in 2005. What a load of crap.