Employer Fraud; Is it illegal for my employer to deny me a copy of proof of my official work hours?

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 Is it illegal for my employer to deny me a copy of proof of my official work hours?

My employer denied me a copy of my official time sheet for my records in person. My time sheet was physically logged on paper by me for the last two weeks of time that I worked. It is the only official proof of my work hours available to my employer and I. My employer stated that it is not within my power to:

Write a total amount of hours at the completion of the time sheet, log my hours on the official time sheet at a time in which my employer did not permit, and to access my time sheet at a time in which my employer did not permit, nor to do anything other than what my employer requests on the time sheet when it is permitted that I have access to it, nor am I permitted to make a copy of it for myself.

My employer has also stated: I am not allowed to access my time sheet for any reason other than that which it is specifically given to me by my employer or use it for any other reason than the purpose my employer specifies.

I need to know if any such action stated on his behalf is illegal.

For July 1-14, I have personally logged my daily hours with the permission of my employer on my official time sheet for two weeks of work. I was not allowed to mark the cumulative total of hours of that two week time period. My hours are recorded on an official time sheet once every two weeks. Additionally I keep track of them in a personal booklet for myself every day.

Based on what my employer told me about not being able to access them or make copies of the completed official sheet, I have no access to official proof of hours other than what I have written in my personal booklet (I am uncertain if that would uphold in a small claims court). I explained that I needed to make a copy of my time sheet for my records and my employer said that I will get a copy from the accountant. There is currently no accountant doing any of our legal work needed for pay reasons nor is there any official working on our pay stubs yet. 

I am working as a non-citizen on a fixed term contract with a temporary non-transferable work permit In Bavaria, Germany with a company of less than five workers in a rural area without a workers council.

Where I am from originally, a worker is entitled to a slip of paper stating the daily hours worked (recorded electronically by the consent of the worker) at the end of every work shift, which may be used for the workers records.

If there is no way for me to have proof of my hours that is legally protected, I have no way of protecting my rights as a worker that ensure I am paid for all of my hours on my paycheck/ have accurate hours on my official pay-stub. 

Thanks for any help. Additionally if any links to worker protection agencies or listed worker laws specific to the area of Bavaria Germany where I can look at laws that apply= to my scenario can be shared with me, such resources would be appreciated. 

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Hi there @HappyMosaic

 

If nobody else has done so I'll post an answer with some links late tonight or tomorrow.

I don't have the time right now to go into the details but here's a couple of points to go on with.

 

1 hour ago, HappyMosaic said:

a company of less than five workers

 

Falls outside the scope of many of the otherwise mandatory rules on provision of information to workers.

 

If you were to make a claim it would be to the Arbeitsgericht (labour court) not a small claims court.

 

IME there is little or nothing to be gained, albeit possibly a lot to be lost, by engaging in any form of discussion or argument with an employer in a company of this size.

 

Please do not double post the same topic.

Employer Fraud; Is it illegal for my employer to deny me a copy of proof of my official work hours?

Thank you.

 

2B

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sounds like you work for a law firm; whereas, therefore and heretofore, the aforementioned.

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What does your contract say?

Are you paid hourly, or fixed, how many hours are you supposed to work, what does the contract say about overtime?

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On 7/15/2017, 8:48:26, Malt-Teaser said:

What does your contract say?

Are you paid hourly, or fixed, how many hours are you supposed to work, what does the contract say about overtime?

On 7/15/2017, 8:09:58, catjones said:

It says the basic stuff (employer name/address) and It lists my pay per hour (8.50), the duration of the contract and how many hours I am working per day (8 hours +/- five or six days per week) from what I know, I shouldn't be working more than 8 hours average per day in a week (I have worked 8.5-11) and I have also worked 10+ days consecutively on multiple occasions. there is nothing in my contract other than that. Nothing about overtime. I am also skeptical as to whether making less than minimum is legal for me.

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1 hour ago, HappyMosaic said:

from what I know, I shouldn't be working more than 8 hours average per day in a week (I have worked 8.5-11)

Did your employer tell you to not work more than 8 hours average? So why are you working overtime? Usually you are not allowed to work more than 10 hours a day (exceptions for certain branches).

 

Quote

and I have also worked 10+ days consecutively on multiple occasions.

If it is allowed to work on Sundays in your branch then up to 19 consecutive days are possible. 11 days  working/3 days off seems to be quite normal for my friends who work at hospitals.

 

Quote

I am also skeptical as to whether making less than minimum is legal for me.

There are still some exceptions for some branches regarding minimum wage and wages in these branches will only gradually increase towards minimum wage. Right now the minimum wage for these branches is at 8.50 compared to the 8.84 that almost everyone else is getting. Otherwise, maybe your employer forgot (hope you would not notice) to increase the wage at the beginning of the year, when the increased minimum wage took affect. If you don't mind, tell us what your work is and it will be easier to answer.

 

FYI, you may wanna edit your post (if still possible), since right know your answer appears as a quote from catjones.

 

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4 hours ago, vronchen said:

Did your employer tell you to not work more than 8 hours average? So why are you working overtime? Usually you are not allowed to work more than 10 hours a day (exceptions for certain branches).

 

If it is allowed to work on Sundays in your branch then up to 19 consecutive days are possible. 11 days  working/3 days off seems to be quite normal for my friends who work at hospitals.

 

There are still some exceptions for some branches regarding minimum wage and wages in these branches will only gradually increase towards minimum wage. Right now the minimum wage for these branches is at 8.50 compared to the 8.84 that almost everyone else is getting. Otherwise, maybe your employer forgot (hope you would not notice) to increase the wage at the beginning of the year, when the increased minimum wage took affect. If you don't mind, tell us what your work is and it will be easier to answer.

 

FYI, you may wanna edit your post (if still possible), since right know your answer appears as a quote from catjones.

 

I can't tell you where I work, but, I do live where I work and I as long as I am there and am not taking the day off, I am expected to work whenever there is work to be done. There have been 1-2 days a week where I am specifically told that I should go on break for a couple of hours. I am working in bavaria, I am not aware of anything regarding overtime. All I know is that there is a law stating I can't work more than an average of eight hour days in the work week. Thanks for clearing up my other questions. 

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12 minutes ago, HappyMosaic said:

I can't tell you where I work

 

@vronchen did not ask you where you work but what your work is.

 

This particular information is pertinent to all your other questions. There are numerous exceptions to both the German and EU working time regulations which depend on the industrial sector or branch the individual is employed in. The range of sectors includes, but is not limited to, agricultural, distribution, food and drink, broadcast media, print and publishing, health and medicine, the air, rail, road and water transport infrastruture, utilities like electricity, gas, oil and telecommunications, perishables from flowers to fish, industrial cleaning and maintenance, etc., etc..

 

So you see, without having a clue as to which sector you are working in nobody can do more than make vague guesses at which legislation, if any, may apply to someone in your particular circumstances. Please do try and help us to help you because there is a limit to the amount of effort and time even the most willing TTers are likely to devote to the interests or demands of people who only supply vital information in a piecemeal fashion.

 

Thank you.

 

2B

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