legality of unpaid temporary layoffs at work?

9 posts in this topic

hi everyone,

 

so just a quick question about German job laws which im finding hard to answer myself - my employer is temporarily closing for 2/3 weeks in march for a refurbishment, but is refusing to offer any financial support for myself and the majority of my colleagues during this time to replace the wages we will miss out on whilst no work is available

 

he says it is because he is a small business, and therefore doesnt do holiday pay, apart for from one of my colleagues who is there since 2 years..i have been there for 7 months (since july 18th). at christmas i took 3 weeks off and received 300 euros, which for me is the same amount of paid holiday as what i would earn in one week (i work 4 days/30 hours a week at 10 euros)

 

because of this he says he cant give me anything and the only way i can get money for those weeks is by working extra hours in april which he can then pay me in advance, which to me is missing the point completely.

 

 

there is nothing in my contract about this (or actually holiday pay in general), so any help on the legality of this would be hugely appreciated, as at the moment it leaves me in a pretty difficult situation

 

thanks

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31 minutes ago, neugierigusselig said:

so just a quick question about German job laws which im finding hard to answer myself - my employer is temporarily closing for 2/3 weeks in march for a refurbishment, but is refusing to offer any financial support for myself and the majority of my colleagues during this time to replace the wages we will miss out on whilst no work is available

 

It's quite simple: It's illegal. The employer cannot prescribe unpaid leave. 

 

He can apply to the Federal Employment Agency for short-time work ("Kurzarbeit"), but then short-time compensation is paid ...

 

31 minutes ago, neugierigusselig said:

 

he says it is because he is a small business, and therefore doesnt do holiday pay, apart for from one of my colleagues who is there since 2 years..i have been there for 7 months (since july 18th). at christmas i took 3 weeks off and received 300 euros, which for me is the same amount of paid holiday as what i would earn in one week (i work 4 days/30 hours a week at 10 euros)

 

"Holiday pay" is indeed a voluntary benefit (unless it is covered by collective agreements), just like Christmas bonuses ... but it means 'money on top'.

 

"Holiday pay" is not synonymous with 'paid leave'. Paid leave is mandatory, for a full-time job at least 20 days per year (for 5 working days). And every one of those days has to be paid. 

 

31 minutes ago, neugierigusselig said:

 

there is nothing in my contract about this (or actually holiday pay in general), so any help on the legality of this would be hugely appreciated, as at the moment it leaves me in a pretty difficult situation

 

Contact a labor lawyer, you ended up in an obscure sweatshop. 

 

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2 hours ago, catjones said:

You can contact the law firm: Ben Dover and C. Howitt Feals.

thanks, just have (also saying i got a reccomendation from someone called cat jones on this site). they actually emailed back pretty quickly with some useful advice, and also said to pass on that next time your mum drops by their office for a quicky, could she please not leave her dirty underwear in the waiting room as it makes them look unprofessional.

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Also go to a Gewerkschaft ( trade union). I don´t know your field of work. If you are into  Gastronomie or service industry then NGG would be the right place. The problem with non-German workers( skilled and non-skilled)  is many of us simply do not understand the hold trade unions have in this country. There could be some firings this year in many companies  including Startups because there is this fear of economic slow down. Even if it is not really true, some would simply use it to manipulate employees.  Even a call or letter from a trade union warning action would be enough. These Gewerkschafts offer legal advice too. You don´t need to be a member but I would suggest getting membership becasue it would be quite helpful ( free legal help and other stuff)

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3 minutes ago, incorrigibleoptimist said:

Also go to a Gewerkschaft ( trade union). I don´t know your field of work. If you are into  Gastronomie or service industry then NGG would be the right place. The problem with non-German workers( skilled and non-skilled)  is many of us simply do not understand the hold trade unions have in this country. There could be some firings this year in many companies  including Startups because there is this fear of economic slow down. Even if it is not really true, some would simply use it to manipulate employees.  Even a call or letter from a trade union warning action would be enough. These Gewerkschafts offer legal advice too. You don´t need to be a member but I would suggest getting membership becasue it would be quite helpful ( free legal help and other stuff)

brilliant, thanks a lot. yeah i actually work in gastronomie so i will look up this NGG asap

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And please do not go to private legal firms. They double cross, especially when they are dealing with non-German workers. If you want a private lawyer get an independent labour lawyer. If you want free legal help then your place would be trade unions.

All the best!

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