Employment issues

20 posts in this topic

Hi all,

 

I am just posting here on behalf of my friend.

My friend is facing problems with the Employer since 4 months. The Employer does always illegal things breaking the german rules, I know in germany per week its not allowed to work more than 48 hours. Apart from this if they doesnot appear on weekend, the employer calls and harasses or the next day though there is no pay for it. Its completely not acceptable. Employer keeps harassing mentally and my friend is totally hurt. I know there is insurance to protect this, but the action can be taken only after 3 months. Is there any other way to get rid of this situation immediatiely? How to  proceed with this legally? Employer started blaming that the employee does not work enough. Though my friend contributed lot.

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Apparently the employer is an asshole. If your friend would sue him for whatever, that will not change.

He should resign.

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I do not believe on resigning otherwise the employer will continue with somebody else.  I suggest to keep a record of all of the "illegalities" presumed, whilst looking for another job but in all , the employer should be held accounted for.  I would like to know what type of Insurance that is to cover this type of actions. ?

 

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On 21/07/2020, 10:01:47, saranyav said:

The Employer does always illegal things breaking the german rules, I know in germany per week its not allowed to work more than 48 hours. Apart from this if they doesnot appear on weekend, the employer calls and harasses or the next day though there is no pay for it. Its completely not acceptable. Employer keeps harassing mentally and my friend is totally hurt.

 

Your friend should contact the Betriebsrat (if the company has one) and/or a union.

 

 

 

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On 21/07/2020, 15:44:31, klingklang77 said:

Is your friend still in the Probezeit? 

No Permanent. 

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On 24/07/2020, 09:52:55, engelchen said:

 

Your friend should contact the Betriebsrat (if the company has one) and/or a union.

 

 

 

They don’t have anything like this.

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On 24/07/2020, 09:49:02, ceci sem said:

I do not believe on resigning otherwise the employer will continue with somebody else.  I suggest to keep a record of all of the "illegalities" presumed, whilst looking for another job but in all , the employer should be held accounted for.  I would like to know what type of Insurance that is to cover this type of actions. ?

 

I Think  Arbeitrechtsversicherung..

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On 24/07/2020, 09:49:02, ceci sem said:

I do not believe on resigning otherwise the employer will continue with somebody else.  I suggest to keep a record of all of the "illegalities" presumed, whilst looking for another job but in all , the employer should be held accounted for.  I would like to know what type of Insurance that is to cover this type of actions. ?

 

Yes Employer already this to many people. Now my friend is the sufferer. I see in Germany, recording is illegal. Employer behavior is not professional at all..

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You can go over 48 hrs a week temporarily.  Normally you can't work more than 10 hrs per day and you have to get at least 2 days off per any 14 day period.  Some professions are allowed 12 hour shifts.

 

If the employer is breaking the law, report him and see what happens. I would start with Zollamt. The employer is obligated to keep records of hours worked for all his employees.  If he doesn't or if they are working too much he'll get in trouble.

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3 hours ago, LeonG said:

You can go over 48 hrs a week temporarily.  Normally you can't work more than 10 hrs per day and you have to get at least 2 days off per any 14 day period.  Some professions are allowed 12 hour shifts.

 

If the employer is breaking the law, report him and see what happens. I would start with Zollamt. The employer is obligated to keep records of hours worked for all his employees.  If he doesn't or if they are working too much he'll get in trouble.

 

3 hours ago, LeonG said:

You can go over 48 hrs a week temporarily.  Normally you can't work more than 10 hrs per day and you have to get at least 2 days off per any 14 day period.  Some professions are allowed 12 hour shifts.

 

If the employer is breaking the law, report him and see what happens. I would start with Zollamt. The employer is obligated to keep records of hours worked for all his employees.  If he doesn't or if they are working too much he'll get in trouble.

 

3 hours ago, LeonG said:

You can go over 48 hrs a week temporarily.  Normally you can't work more than 10 hrs per day and you have to get at least 2 days off per any 14 day period.  Some professions are allowed 12 hour shifts.

 

If the employer is breaking the law, report him and see what happens. I would start with Zollamt. The employer is obligated to keep records of hours worked for all his employees.  If he doesn't or if they are working too much he'll get in trouble.

The employer terminated contract with 1 month. But in the contract it’s 3 months. Can it be the case? The employer deleted the records in the database

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2 minutes ago, saranyav said:

The employer terminated contract with 1 month. But in the contract it’s 3 months. Can it be the case? The employer deleted the records in the database

 

Your friend should have a copy of his written employment contract. The standard notice period is 4 weeks to a month but if it's longer it'll say in the contract.

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1 minute ago, LeonG said:

 

Your friend should have a copy of his written employment contract

+1

and he should read it carefully :) 

also should have the letter of contract termination

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16 minutes ago, saranyav said:

You mean to contact them for the issues..

yes, if you suspect any wrongdoing/illegal activities on your (or your friend's) employer's part, you should contact Gewerbeaufsichtsamt, if you are working in Bayern. (it may be a different entity in other Bundesländer).

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8 minutes ago, karin_brenig said:

yes, if you suspect any wrongdoing/illegal activities on your (or your friend's) employer's part, you should contact Gewerbeaufsichtsamt, if you are working in Bayern. (it may be a different entity in other Bundesländer).

Thanks for the information 

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In the contract it’s mentioned 3 months but now terminated with 1 month saying COVID reason. Is that true according to German rule?

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15 minutes ago, saranyav said:

In the contract it’s mentioned 3 months but now terminated with 1 month saying COVID reason. Is that true according to German rule?

 

I am not aware of any such rule.  It was the employers decision to have 3 months notice period.  The only other notice period would be no notice which happens only if the employee has done something extremely bad.

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44 minutes ago, LeonG said:

 

I am not aware of any such rule.  It was the employers decision to have 3 months notice period.  The only other notice period would be no notice which happens only if the employee has done something extremely bad.

As said above, Employer is not professional. When employee questioned about illegal things, employer started blaming a lot.  In the Mail mentioned due to COVID terminating with 1 month Notice period. I know it’s not true. Employer does many illegal things. 

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