Snowchief

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About Snowchief

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  • Location Saxony-Anhalt
  • Nationality Croatian

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  1. Kurzfristige Dienstplanänderung

    True Leon,I thought about all of your points myself.   Thing is she said this without mentioning the 4 day period, trying to talk normally, her simply being like that and never standing up for herself, and she got a "mir ist Scheiss egal, Arbeit geht vor" as a response. This is why I'm  gathering the facts because his response made this a matter of principle, if I'm to be 100% honest. I feel I have to obligation to protect her as her husband. Before this we were willing to talk normally, as we always are.   Them firing her wouldnt really hurt us so this isn't a question out of fear, or us trying to save her job. Such job can be found within 10 minutes in another hotel.   Even if she doesn't get fired she will be handing in her letter of resignation next week. Simply isn't worth the stress. We just want to see how the situation unfolds. This is the last drop. There are many things that are not working properly in this place. From 400+ Überstunden, which were never payed or used as free time, to missing Sonntagszuschläge/Feriertagszuschläge. But these aren't the topic of this thread.   As a manager you should be able to plan ahead and not shuffle everything a day in advance. That's at least my personal opinion.   Don't think the employees deserve this kind of treatment, be it my wife or someone else.   I do thank you for taking the time to write back!   P.S. I am sure no one will be fired. I just find the threats disgusting. And no. I don't think we would be bothering with the court unless they really push it.
  2. Kurzfristige Dienstplanänderung

    Exactly, I found that as well and wrote it above. That's why I am asking to double check. My wife is not the kind of person that will get a Krankenschein without being actually sick, so I want to gather all the facts before she goes to her place of work tommorow and says"No"   It's not about working holidays, she worked Christmas and the following day. It's about getting these two days free, us planning the new year's Eve (includes costs that can't be reimbursed) only for someone to come (a day before mind you) and say you got to work, even tho she had gotten the days off. 
  3. Kurzfristige Dienstplanänderung

    Hi,    I am posting on behalf of my better half, hoping that some of you are able to provide assistance on the matter (non-legal of course, just advice).    1) last week my wife has gotten 31.12. And 01.01. off. We have planned our New year's Eve according to this.    2) today she was told that she has to work on these two days and that the old Dienstplan will be scrapped and a new one made (we have a Foto of the old Dienstplan, since she always takes these for planning purposes).   3) furthermore, albeit indirectly, all colleges were threatened that those who don't show for work, for whatever reason will be fired. Normally they work 8-16 but they need them to work the tables in a restaurant from 17- ca. 22 o clock. (Not her normal place of work - she works in Housekeeping).   Now what I could've gather alone, and I want to double check this with you.    1) according to the ruling of Berlin Arbeitsgericht (AZ 28Ca. 10243/12): ohne ein unvorsehebares Ereignis, und ohne eine angemessene Ankündigungsfrist müssen diese keine Umstellungen hinnehmen. Dies sind in der Regel vier Tage.   2) Her Contract says the following: "Der Arbeitgeber ist berechtigt, dem Arbeitnehmer unter Wahrung der Interessen des Arbeitnehmers auch andere Tätigkeiten unter Beibehaltung der vereinbarten Vergütung zuzuweisen, die der oben genannten (Housekeeping) Tätigkeit gleichwertig sind und den Vorkenntnissen und Fähigkeiten (she never worked as a waitress) Des Arbeitnehmers entsprechen.    Furthermore another clause which you might find important:    "der Arbeitgeber ist berechtigt, dem Arbeitnehmer innerhalb des gesamten Unternehmens an einen anderen Ort zu versetzen, wenn ihm dies unter Abwägung der betrieblichen und seiner persönlichen Belange zuzumuten ist. Außer bei dringenden betrieblichen Notwendigkeiten wird der Arbeitgeber hier eine angemessene Ankündigungsfrist beachten." (The last sentence here is what's confusing me, the Berlin court said one thing, and this is basically overruling it?)   If any more information is to be provided just say so.    I appreciate any assistance any of you might provide! Thank you all and a happy new year.   P.S.   I know you aren't lawyers and I am looking for non-legal advice.