Failure to pay: If the boss does not pay
How to wage arrears and insolvency risk is properly
When wages fail to see the German labor practices before clear. Fear of the boss, however, is not one of them …
It begins harmlessly. The wage payment is delayed by approximately one week. “An error of the bank” or “A customer has not paid!” Read the chef’s favorite excuses. The payment delay increases in the subsequent period insidiously, until finally been two months outstanding wages … At least then it is obvious that the company is in serious trouble. Now the boss attacks deeper into the tricks and appeals to the ‘we-feeling. ” The company could not now with the accumulated burden on wage claims, because it threatens the jobs of all …
Fatales misconduct: Angst, overtime, wages
Workers usually hold only one still. One would not unpleasantly noticeable. Should it really come to layoffs, otherwise it is perhaps at the top of the list. Not seldom are even concerned about wages or unpaid overtime available. But mostly the effect of such well-intentioned actionism best, a grace period. A worker stands on end without a job since, has exhausted its reserves and can pay only missing nachtrauern.
Bankruptcy in sight? The alarm signals in wage loss
As long as the wage arrears only a few days, one is inclined to the excuses of the leaders to believe. But it is precisely in this early phase should be employed the following questions:
If the stocks of raw materials, production or operating materials drastically reduced?
Be retired from the company or employees not only by interns and temporary workers replaced?
Have there been in recent times frequently delayed the delivery of goods because of alleged shortage of suppliers?
If the permanent staff suddenly “on purely formal grounds” to sign new contracts?
Those questions answered in the affirmative, you should act quickly and, where appropriate, after appointing a new look. Experience teaches that the economic damage the less, the sooner the “Bounce” takes place. Who goes first, the greatest opportunities.
What to do if the boss does not pay?
The chief warning: If the employer defaults on payment, he violated his contractual obligations. The employee may then claim by means of a warning and with appropriate notice to the payment request. Moreover, he clearly damages for late payment of costs incurred (for example, a standing chargeback) require.
Retention: Since an assertion of the employer are generally not interested, it should be in writing, the exercise of the lien notice, if the payment period has elapsed. Retention means that the workers now also its contractual obligations (attendance and work performance) is no longer the latest needs, without jeopardizing his job in jeopardy. However, this is only significant wage arrears, for example, if the next payday in reach. For correct exercise of the retention is recommended to obtain a legal advice.
The passage to the court: In order to participate effectively in his money to come is going to court often indispensable. An action against the employer until the so-called Güteverhandlung free. For union members and legal protection insurance, it is often still advantageous to legal counsel on.
However, there is also the possibility of the so-called judicial procedure to set in motion, whose costs are mostly in the purchase of a limited form. The court did not examine the legality of the claim, but merely seek an opinion from the debtors. If this is not the claim or deny the statement, the creditors within few weeks, and an enforceable title can now stands by its foreign lawyer or a bailiff lassen.Bestreitet recover the debtor has, however, must turn the Klageweg to be found.
Duties of the employee’s wage loss
Is there significant wage arrears, should the person concerned must immediately notify the agency as “seeking employment” register. In the case of a sudden dismissal so he escapes the popular reproach of the late notification and a corresponding power lock.
Another problem is that the Employment Agency in case of insolvency for up to three months insolvency money to pay wages, the amount also is limited. So if you wait until the payment date of the third month has elapsed, usually has a few days away.
If money is short …
All possibilities for action, however, need some time in which the costs of course, continue unabated. Affected are uncommon in such situations investments and life insurance at a loss to pay off early or make themselves debt. It is more meaningful for a first emergency when Sozialamt vorzusprechen.
Under no circumstances should you …
… open or operate Arbeitsbummelei wildcat strikes out. The chief gets only one more reason for termination in the hand and may even demand compensation.
… dubious debt collection company with the “Russian” nature of the wage recovery basis. It does, eventually, a criminal offense or liable to “membership fees”, of which it is difficult loskommt again.
… Violence against the head to apply. So his face irresistible even to their own work may be: In a very short satisfaction could Schmerzensgeld payments, court costs and forfeiture of pay legitimate claims will follow!
… lead to criminal charges because of insolvency are spreading. Few workers actually have the insight and the necessary knowledge to create a balance sheet insolvent condition to recognize. Even a legitimate criminal charges may result in loss of employment, if the head of the legal trump card, and draws on the “irreparably damaged relationship of trust ‘advocates.
… as a creditor for insolvency against the company are. Should this really be successful, but the company does not possess exploitable insolvency, the applicant remains on the court sitting.
