Problems with late salary payment

51 posts in this topic

Hi all!

 

Would anybody know whether the German labour law sets rules regarding the pay day? I worked for a certain company in May (project) and they still haven't paid the salary. My latest enquiries re the salary have also been pretty much ignored as those emails are not answered. Unfortunately the pay day is not mentioned in the employment agreement.

 

Also, if somebody knows an employee assistance centre where I can deal in English, that would be superb!! Unfortunately the salary question is not the only issue...

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Did you work as an employee or a freelancer? It's not unknown for companies to pay their suppliers, which is what you are as a freelancer, up to 3 months after you've given them the invoice. However, it's more usual to pay within a month, which as it's only 13th June means you probably need to wait a week or two yet.

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I can back up what Allerhausen said: I work strictly freelance and have been paid as quickly as 24 hours and as late as 75 days. Luck of the draw.

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No, I did't work as a freelancer but as an employee. I was meant to work for the company for 6 months but things changed due to the new Berlin airport not opening until March 2013.

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Did you look in your work contract?

 

EDIT: If there is nothing in your contract, due-date is usually the last day of the month.

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Yes, unfortunately I've signed a contract without any mention of the pay day. I've worked for the same company also before, so wasn't expecting any issues even if the pay day is not mentioned in the contract.

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So, from what Freising said if you were a statutory employee, you should have been paid May 31st. If your contract was a statutory employment contract and not an extern contract, I say go to the Arbeitsamt and whine a bit. If they make one telephone call to HR, it should clear the company right up! You can also go to your Betriebsrat or the prevailing union with your complaint. Don't tolerate that.

 

By the way, it doesn't matter if your contract mentioned pay days. If you are/were a stat. emp., you MUST be paid the same day as other similarly tariffed workers. If an extern, the default in Germany is 30 days unless your original contract said it was different.

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Many thanks for your help! i'll contact the company by saying that they are 2 weeks late with the salary.

Works council (Betriebsrat?) never got set up yet as the whole project died. Any other places, e.g. employee assistance, where I could make enquiries regarding my contract?

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EDIT: If there is nothing in your contract, due-date is usually the last day of the month.

 

§614 BGB btw. If the pay is measured in time intervals it shall be due at the end of each interval (unless contract says otherwise).

 

You can also demand a written account of the due date in accordance with §2 Nachweisgesetz.

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I've been working for this Company based in Berlin and for some reason they haven't paid me and every time I try to find out whats happening they keep on giving me a different story could anyone advise me on the best thing to do.

 

could you please email me my email address is

 

paulbarber1984@gmail.com

 

[adminmerge][/adminmerge]

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Are you an employee of this company or did you perform the work as an (external) contractor?

 

 

could you please email me my email address is

 

paulbarber1984@gmail.com

Sorry, that's not how Toytown works - it defeats the purpose of having a forum.

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Hello,

 

I would like to ask if anybody could help me regarding the payment issue from my old employer.

 

I'm a graphic designer. I moved to Munich in January 2013 as I got a job offer from one start-up company in Munich. Anyway, I left the company in February 2013 with mutual agreement. The co-founder of the company told me he couldn't payment yet as I didn't have tax number and social security number. At that time I didn't know that I could obtain these without a work permit. I was applying for a work-permit while I was working for them in January.

 

Anyway, I moved to a new company in March but my work permit was still in progress. Nevertheless, my current company (I mean, my current employer) could pay me without a problem. They only asked for my tax number, social security number, and some other info. I, then, contact my previouse company and found out that the co-founder(who was asking for my tax and social security number) had left the company. This founder (the only one now) told me that he needed to see my work permit. I told him I already got paid by the current company without the work permit but if he wanted to wait, then I could wait until I got a permit.

 

Finally, I got a work permit in April. I contacted the previous employer again but he refused to pay me as the name of the company on my permit was for my current company. I moved to Munich immediately as my previous employer required and, of course, spent a lot of money for such sudden move. I still keep work contract from the previous company. I also keep the end of employment letter from them. Is there anyway I could get my payment from my previous company? What procedure I should take? I will be very thankful for any help and suggestion. Thank you very much in advance. :)

 

[adminmerge][/adminmerge]

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Dear PandaMunich,

 

Thank you very much for your reply. :) So there is no way to get some compensation back from them at all? They are using some of my design on their site and the payment was quite a lot of money as well. However, if it would really hurt my current permit, then I would probably let it go. :(

 

Thanks again for your advice. :)

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It could be argued, if you have not been paid, despite being employed by the company, that any work you did continues to be your intellectual property. If they are using your designs without permission you could sue them for breach of copyright.

 

However, they know you have been essentially working illegally for them to pay you and for you to be paid without a valid work permit is illegal for both of you. You (and they, to some extent) were very foolish to be in such a situation for a long period. Of course, you can sue them for non-payment or breach of copyright, but you risk a longer term problem and possible deportation if they expose your illegal working.

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Deportation is certainly the worst case, but I'm not sure how likely it is in this situation. A fine is more likely. But having a black mark at the start of one's record could also make it more difficult to extend the visa later on and could be a barrier to gaining permanent residence.

 

You set out on a very slippery slope by starting work before receiving your work permit, Netikan.

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[adminmerge][/adminmerge]

 

Hi everyone,

 

I do hope you can help me on this matter, as I'm sure it will also help my colleagues too.

 

I work for a large company, over 300 employees in Germany. Since around March we have been hearing rumours about the company's financial situation, this in turn led to salary being paid several days late. Up to this point it has got worse every month, now the HQ office is over 8 weeks late in payment. Other offices internationally have not been paid at all, with the employees not even coming in. Being the HQ, it appears to have held on longer.

 

The rumour mill keeps churning and our CEO's give us very little information and appear to control us with promises of future deals/payments. The company could be going down the pan or it could just be going through a very tough economic situation. We have been informed that this week (as with past weeks) will be the week we get paid. Most of us have had enough and a friend and I have set ourselves a deadline, if they have not paid us by Wednesday we will hand in a grievance letter to the Arbeitsamt. (To be honest I have little understanding of this)

 

I have heard a few other people in the company have handed in their grievance letter last week. I do not understand the process myself and I am just going along with what other people are doing. What I would like to know is what I should be intending to do, what is the advised process and anything else that I may have missed. Also I just need to get an understanding of the legal situation and what are my rights as an employee in Germany.

 

Other information, I'm British and have been working here for over a year.

 

Any other useful information you need, please ask.

 

Cheers guys!

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Welcome to Toytown Bon_UK

 

Your post seems to have been merged to the wrong topic as your situation doesn't appear to have much to do with Immediate resignation without any notice period. If the admin(s or mods) spot this discrepancy they may again move your post to the more apt Problems with late salary payment

 

Be that as it may I think it's high time you and your colleagues applied for the assistance of the Frankfurt Arbeitsgericht. For more information please see (the excellent PandaMunich's) post #3 in How to get a court payment order (Mahnbescheid) - You don't need a lawyer.

 

Good luck

 

2B

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Special rules may apply when getting a court order for salary, such as applying for the court order at the Arbeitsgericht instead of the Amtsgericht.

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