Good afternoon, I have been working in a company for 6 months, today something happened that I think is no longer normal... since I started there, the workers have been telling me many things and I have seen others. Today I was verbally attacked and threatened. I am afraid that they will fire me after what happened today, in the 6 months that I have been there, they constantly fire people and unfairly, I simply need information on how to protect myself if something happens from now on, Another thing, they haven't given me any payroll since I started working there, I'm not the only one, a colleague has been asking for it since September.
Kategorie
Workers' rights
Hello miiri91, thank you for reaching out to us. I am happy to give you information on your right's as a worker.
If the company has more than 10 full time employees and you mentioned and you have worked there for more then 6 months (you mentioned that you have) This will give you the right to take legal measures against a dismissal at work. Please note that you will only have 3 weeks to file a complaint against your dismissal at the labour court.
I also have a quick follow up question. Do you mean that you have not received your wage or that you have not received the so called "Lohnabrechnung"?
In any case, your employer is obliged to giver you this monthly. You should, in writing claim and ask for your payroll. It is important that you document that you have asked your employer for this. If you have a work’s council or are part of a union you should also contact them and let them know that you have not received a payroll. Finally there are counsellors from Faire Integration also on our platform. They can also provide you with further info.
Faire Integration Schleswig-Holstein
You can also search for a counselling center near you using this map:
https://www.faire-integration.de/en/topic/46.advice-centres.html
Please keep me updated.
Best wishes
Hello miiri91,
I am sorry to read that things are not working well for you.
In case that you worry for your safety after having been threatened and attacked, you can file a complaint with the police.
You also have the right to terminate your work contract immediately (without prior notice) if you have been severely offended or threatened. In this case, please make sure to keep all evidence and ask co-workers who witnessed the situation if they would be ready to back you up in case the matter is being taken to court.
You asked, if there is a way to protect yourself. I am not sure, if I can answer this question generally. But I would urge you, to abide by all rules and try to document any unfair situation in a way you can present proof to a court of law if needed. By this I mean that you should keep copies of timesheets and duty schedules etc.
As Yara wrote to you, there are laws to protect you in the case your employer treats you unfairly. If you get fired, please contact Faire Integration immediately, so we can help you take legal actions and protect your rights.
Concerning your payroll:
According to § 108 Abs. 2 GewO, your employer is obliged to give you a written payroll with every pay you receive. This payroll is the proof that social security contributions and taxes have been paid on your behalf. You should make sure that you are not working in an undeclared employment. You might also need these documents for other purposes later (applications for social assistance). This is why, I recommend that you send a written request to your employer asking for all payrolls since the beginning of your employment.
In case you have questions that cannot be answered on a public platform please do not hesitate to contact us. We would gladly try to help you find a good solution.
Best Regards,
Noha
Faire Integration in Schleswig-Holstein
Hi miiri91, I also have some general resources for your about your rights if you get fired.
https://handbookgermany.de/en/termination-of-employment-contract
Hope to hear from you soon.
Best wishes to you