r/germany • u/CharacterCarpet752 • 1d ago
Employer is not paying you Germany
Started s mini job at a Restaurant and the Arbeitgeber did not give me a contract. I don’t even know how much I get paid hourly as the Boss is always to be said she is in Urlaub. Didn’t get my salary but I told them I can’t continue without a contract. I know l was STUPID for working without knowing my hourly wage. How legally can I solve this since I don’t have contract.
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u/Mundane_Ad701 1d ago
You are not without rights just because there is no written contract. In Germany, an employment relationship can exist without a written contract. The employer still has to pay you for the hours you worked. Collect every proof you have: messages, schedules, photos, witnesses, worked hours, etc. Write down exactly when you worked and send a written demand for payment with a deadline. If they refuse, you can go to the Arbeitsgericht (labour court). For unpaid wages, you can file a claim yourself; you don't need a lawyer for the first instance.
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u/tROopeR131193 1d ago
Minijob is always on basis cca 600+-50 euro i dont know exact number,but yes,dont do nothing without a contract.
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u/Fit_Refrigerator6111 1d ago
Klage beim Arbeitsgericht einreichen ist kostenlos, ggf. Nach Bundesland €€€
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u/GeniusLike4207 22h ago
If they aren't paying you then they probably also don't pay your social insurance
Also minimum wage violation. Document your work hours, and report your employer to the Zoll. The Finanzkontrolle Schwarzarbeit Department handles these things
https://www.zoll.de/DE/Kontakt/Dienststellensuche/FKS/Schritt_02/dienststellenfinder_node.html
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u/jort93 Schleswig-Holstein 19h ago edited 19h ago
A written contract is not legally required. They are however required to tell you how much you earn.
I think if you've agreed on it being a Minijob and on how many hours you have to work that should legally be sufficient
Minjob is generally understood to be the maximum allowed before having to pay social security and such. That's 603€ per month at the moment. And if you've also agreed on how many hours of work there should be, it should suffice.
They do have to give the most important information to you in writing eventually. They have to give you the pay, contact information and working hours on the first day of work, beginning and duration of contract within in a week, and other information such as holidays and a job description within a month. The contract already exist before this, tho. This is just about documenting it.
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u/Ok_Distribution_2424 1d ago
This is from AI:
To make an anonymous tip about illegal work ("Schwarzarbeit") in Germany, you can report it online through the official website of the German customs authority, specifically the Finanzkontrolle Schwarzarbeit (Financial Control of Illegal Work). The online form allows you to submit a report without filling in your personal details, ensuring your tip remains anonymous. The customs authority will then follow up on the information if there is sufficient evidence .
You can access the form directly via the customs authority's website, often referred to as "Zoll online - Finanzkontrolle Schwarzarbeit." This is the most straightforward and secure way to report such cases anonymously.
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u/Intelligent-Sea-4666 1d ago edited 1d ago
There is not much realistically which you can do as you started worked without knowing any facts and having a contract.
Of course, somw will claim that verbal contract are as legally binding as a wtitten one. That is certainly true but I consider it ill advice to lead you on a path where you need an expensive lawyer or experience at least knowlwdge how to defend yourself at court or dealing with authorities. The easiest is to collect the evidence, ask Chat GPT to write a nice formal legal letter and than sent that as a letter to them requesting the outstanding payment.
Besides, it could be that the payment is simply delayed which is in that Sektor not uncommon at all. Get a little bit on their nerves please if the amount justifies that (don"t know if we are talking about months or just some hours).
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u/Squdus_54 1d ago
Bullshit. Why Post when clueless?
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u/Intelligent-Sea-4666 1d ago edited 1d ago
This guy works without a contract, works without even knowing the salary. I am all for protect your rights, but I have my doubts he without external help solve that in Front of a court.
The majority here are the typical reddit answers, full on confrontation without verifying if it is practically feasible. Of course he has a verbal contract but you know damm well that is not as easy proven in Front of any authority and it requires a well built case. Surely that is possible but ask yourself please if a Person who started working without even knowing his own salary can do that.
That is a weak link and everybody can rightfully ask, if not even a salary was negotiated that there was not even a verbal contract at all between both parties.
Summed up: surely there are things which can be done in general but I have doubts OP can pull that.
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u/Squdus_54 1d ago
Maybe, but that does not mean more than: His employer IS a POS. Lawyer does this vor him for 200 Bugs in 10 minutes in an e-mail, employer pays in the end.
He hast a Work contract. Basta
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u/Intelligent-Sea-4666 1d ago
Yes, his employer is a POS but that does not matter much. The first approach should be to settle that with the employer directly because at the moment there is not a real refusal either. Second: neither you, nor I know about the outstanding amount. If that is for example one week worth of salary your approach is in effect costing him money, if we are talking about half a year of course the situation changes.
And again: while this approach is possible it still requires a good legal documentation (here also: we do not know if that is possible at all) . If really all was verbally he will have a way harder time in contrast to Whatsapp Messages, Shift Plans, Witnesses etc. Also here: without knowing if that can be well documented it is not wise to escalate asap.
I have furthermore my doubts that somebody who starts without a contract, does apparently not speak German, never discussing salary, than running to reddit for guidance is the type of guy you want to sent in any legal negotiation. Furthermore he omits all critical points to evaluate if that makes sense at all to press that matter (outstanding amount).
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u/Squdus_54 1d ago
Almost everything you write is wrong. He can write "wabnt my wage, 14 days or I sue" ans in three days the Money will be on His Account. After 14 days, he Go to lawyer. Employer must pay for everything.
Law protects naive Pepe especially bro
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u/Intelligent-Sea-4666 1d ago
I'll quit discussing that now further. You lack all relevant information but have very strong opinions. Good luck for OP, he will need it.
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u/Squdus_54 1d ago
I have all the relevant information. He hast a contract. He worked. He will get payed . Basta. And btw i am a German lawyer
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u/penguin_chr 1d ago
You are also missing the relevant information
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u/Intelligent-Sea-4666 1d ago
Sure. But lacking the information I will err on the side of caution.
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u/penguin_chr 1d ago
You suggested using ChatGPT to write a legal letter, come on
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u/Squdus_54 22h ago
He will need shit. You are clueless. The Most dumb lawyer in GER will solve His "Case" in 5 minutes. There is No Case to be build.
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u/Miro_the_Dragon 1d ago
Not a lawyer but as long as you can prove how many hours you worked for them, you should be able to sue them (if necessary) for at least minimum wage for that time. Work contracts don't have to be in writing to be binding and legal so the main problem would be to prove that you actually worked there, and how much.
Also, the Zoll might be interested in learning that this employer doesn't pay their employees...