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Exploited worker

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Hello,

I am writing with regard to someone who has told me that he was exploited by a delivery company, Lieferando. He works as a delivery driver on a bike.

Almost 13 weeks in a row now, he has been forced to work over 48 hours per week, which I with my amateur Google search skills have found out is against the Arbeitszeitgesetz. The worst example was that he had to work 54 hours. With forced I mean, his regional manager, said that he would otherwise lose the job. So the company is basically undermanned in one of the bigger cities in Germany and force their employees to work more than the law stipulates as acceptable.

There is documented evidence because the worked hours are registered in a system, which can be retrieved through app or online.

What rights does this person have? Can he go to a lawyer? Any recommendations of good lawyers for workers' rights?

Kind regards,

Leone

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Actually the labour law says max 48 hrs. on average usually taken over a period of 6 months so single weeks going over 48 hrs. is not a problem as long as it evens out at some point.  The max in a day is 10 hrs. excluding breaks so if his breaks total 45 min. his time present at work from start to finish is max 10:45.  The max days in a week would be 6, however, they can lump together 12 days, then give you two off.  So the max hours in a week short term could be as high as 70 if he worked all days of that week, getting two days off in the following week.

 

Sure he can see a lawyer and they will take his money and tell him whether he has a case.  Is he at least getting paid for overtime or getting it banked?  There has been talk here of delivery drivers of mail orders and similar being exploited.  Some were expected to show up at 5 am and spend 3 hours unpaid to load their vans and then they had a full van to deliver, maybe up to 12 hrs. work but they were not allowed to write more than 10.  I know a guy who had a job like that and is now suing the employer because they did not pay overtime and also did not provide proper pay slips.  His lawyer says he has a good case. 

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He has rights but getting them implemented is another matter. And won't be free. :rolleyes:

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The overtime has been consisted and almost 13 weeks in a row has it been 50 hours, 54 hours etc. The rest are in line with the 48 hours. Since the employment has lasted longer than 6 months, this means that the average is also over what's considered acceptable. Do you guys know if there is an Amt or similar which checks if companies follow the rules for employees. This is not a case of asking or suing the company for compensation, on the contrary it's a mission to stop the exploitation of workers who don't know the German language or laws well because these people are at risk of getting ripped-off, exploited big time. If an Amt is informed and investigates, then it will help all workers. I am not looking into a recommending a private lawsuit since that's egoistic.

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23 hours ago, LukeSkywalker said:

I thought that these bikers are self-employed and no employee?

 

Actually Lieferando employs their riders. Deliveroo/Foodora had self-employed riders but that failed because of many lawsuits and perhaps the risk of being Scheinselbstständigkeit

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23 minutes ago, Leone said:

Do you guys know if there is an Amt or similar which checks if companies follow the rules for employees.

 

I would try the Zollamt.  They are the people who come in, look to see if everybody is registered and check the company records for how many hours each employee is working which they are required to keep in order to prove that they are paying at least minimum wage.  In case Zollamt is not responsible for too many hours as well, they can surely tell you where to go.

 

It really works if you report.  The company may have to pay fines for not following the law.  I was on a project at a factory where they were pushing people to work extra shifts to the point of some people having worked up to 3 weeks without having a single day off.  Somebody reported them and all of a sudden they were very big on following the law and making sure nobody worked more than 12 days straight.

 

 

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Quote

This is not a case of asking or suing the company for compensation, on the contrary it's a mission to stop the exploitation of workers who don't know the German language or laws well because these people are at risk of getting ripped-off, exploited big time. If an Amt is informed and investigates, then it will help all workers.

 

The contact info for Hessen:

 

https://rp-darmstadt.hessen.de/sicherheit/arbeitsschutz/arbeitszeit

 

If you can't reach them by phone, send an email.

 

 

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Thank you very much for your time and efforts to reply LeonG. Will give it a try and that's better than not doing anything at all.

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