Problems with late salary payment

51 posts in this topic

Well I'm of the opinion the nature of their loss is an accountancy not a legal issue.

Whether they can pass said loss onto me is a legal issue, and the answer is yes.

 

But the big question is: Is their claimed loss valid?

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Well I'm still trying to get an opinion on whether their "loss" is valid from an accountancy perspective. But the only real concrete advice I've got is the standard "lawyer up".

 

When "accountant up" would probably be more relevant.

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Then why don't you do so instead of coming back again and again, demanding that absolute strangers working on other fields solve your complicated legal problem?

 

I have been in the legal field for over 30 years and wouldn't touch your case with a bargepole. You need professional help, go out and get it.

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Sarabyrd is again correct..

 

Use the search function and type "Psychiatrists in hamburg"..

 

You should get all the help you need from them..

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Ahimsa thanks for your ongoing helpful advice. I shall contact Roger Sinclair and see what he has to say.

Exactly the kind of "contractor doctor" I need.

I'll post here later what came out of that, even if it's a suggestion he has an inadequately long barge pole.

 

Thanks to everyone else for your advice; legal, accounting and psychological.

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I did contact Roger Sinclair the contractor doctor.

 

He had me collate all Emails, all copies of opt out, and recollections of conversations. He then wrote a 5 page letter that had me shaking even reading it. This was Emailed off and immediately the finance director contacted me and proposed we discuss.

 

2 more letters were exchanged and then I talked to the finance director. I wrote an account below for Mr Sinclair.

 

I paid him 1 hour UKP250+VAT to get started. He says he burnt 7 hours but agreed to only charge me 3 hours. So it cost me UKP900 to collect €4000

 

 

I've finally got down to write an account of my conversation with the finance director.

 

He was pleasant to talk to and reasonable. We seemed to agree to disagree on the issue of the loss I caused.

 

He started by asking my version of why the contract was ended. I told him the same, a bit out of my depth, saw 1st 2 weeks as working into project, and expected to start producing in week3. However Monday of week3 came like bombshell, no prior warning, or even hints.

 

He talked a bit about the situation, and when he finished talking I countered that I disagreed about the so called loss. I said a lost opportunity to profit is not a concrete loss.

 

If he sent his son to buy a lottery ticket and had chosen good numbers that won 100k, but his son didn't buy the ticket, then he might say his son lost him 100k but he wouldn't put it on his tax returns.

 

He countered that a mobile company claims a loss if you break a 2 year contract, but I pointed out they had a concrete loss, in the value of the phone that they expected to recoup over the 2 years.

 

I also pointed out that I has been replaced by the agency so they didn't even miss out on the profit, it just cost the extra admin in setting up my replacement.

 

He was taken aback, suggested I hadn't been replaced. I pointed out it was stated by the lawyer. He then put me on hold, and came back to to say I was replaced but not by the agency.

I told him his company lawyers shouldn't put untrue information in letters.

 

He a few times expressed enthusiasm to give me something "which I deserved" and eventually suggested we talk about that rather than who's right about what. He proposed 2500 about half owed.

I countered that I expected 5200 minus my costs in going to UK, so would go to 4500 just to avoid the hassle. He quickly came to 3500.

 

I repeatedly expressed confidence I would prevail in court, and even educated him about the small claims court.

 

He then proposed 3500 but if I got the contract through them he would add the missing 1500 to my payment. I said that was creative but how about we stick to 4500 but I give them 1000 if they get me a contract in next 12 months

He objected that would make it unattractive for me to take a contract with the agency so he didn't like it.

I said I thought it worked better and proposed making it 24 months.

 

He finally proposed 4000 which I accepted.

Then came the issue of how to pay me. Not directly but through a management company.

I pointed out this was the first time paying me directly was brought up as a problem.

In 2014 I had proposed doing it through access financials the management company of my last contract but I'd been asked to invoice directly,

 

I then said I'd contact access financials to ask if they could process the payment.

 

We exchanged Emails to confirm the settlement.

 

 

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Hello Everybody. 

 

I need advice regarding similar subject.

 

I work for a british company in its branch in Berlin. As per contract, I'm supposed to get the salary by the end of each month (indefinite work contract). Since a few months company has been failing to do so as they changed the payroll/outgoing transfers methods. The money is now being sent out of one of the biggest UK national banks to N26 - from EUR to EUR account (no conversion). The thing is , above mentioned delays are causing problems for me as I'm not able to clear monthly payments like rent etc. 

Has anybody experienced similar issue ? I'm wondering how to approach it as my employer says I would need to talk to my bank why it takes that long etc. This is back and forth conversation and I'm fed up with this already.  

My understanding is that is clear that they are violating the contract stipulations and should be sending money earlier.

 

Thanks 

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I agree with you. Even though your employer may have changed the transfer method, the terms of your contract are still applicable. Ask your bank how long it takes for money to be transferred from a Euro account in the UK to Germany so it is in your account by the end of the month and then inform your employer in writing.  

 

“Under your contract of employment, you have a legal right to be paid on time. If your employer is regularly late when paying your wages and you are still employed by them, you can use a two-stage procedure to enforce your legal right to be paid on time.

First, you should try to resolve this dispute with your employer, by using any internal complaint or grievances procedures that are available (Stage 1 below). Then, if this does not work and your employer is still paying you late, you can make a formal complaint to the Workplace Relations Commission (Stage 2 below).

At both stages, you should use any supports available, such as a trade union or your local Citizens Information Centre”.

 

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/when_you_are_regularly_paid_late.html

 

 

 

 

 

 

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@White Rose of Yorkshire In principle you are probably right, but I'm not sure the reference you have used to support your argument is exactly right..

 

The page you linked is for an Irish service, the OP works in Germany for a British company. I can't really see them helping out here.

 

I don't have a better answer, but this one definitely seems a bit wrong.

 

 

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The UK is still part of the SEPA, so bank transfers have to be executed within one working day by law.

 

Have you tried asking HR about it?

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