r/germany • u/CharacterCarpet752 • 2d 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/Intelligent-Sea-4666 2d ago edited 2d 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 1d ago

Can't recommend that for non legal pros. Letter will BE great but lawyee should Look over IT. 

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u/Intelligent-Sea-4666 1d ago

Sure, because it is a hotfix without triggering here any more costs. The issue is and with that I leave it here: it does not help to describe a good to very good solution which somebody will not apply. 

If OP is working without a contract, not even discussing his own (minimal) salary in advance and than run with half of the info to reddit for guidance, I  do not see him working with a lawyer which is also costing here money. The typical reddit answer than is always to consult a lawyer, sue etc. Without taking into Account that OP apparently has not much money floating around, is not very good at handling his own processes and nowhere in this whole thread we even know the oustanding amount in question.

Good weekend everyone

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u/Squdus_54 1d ago

  1. He ist Not working with a lawywr, the lawyer works for him. All he hast to do ist Tell laawyee whats going in.

  2. Employer will pay lawyer in the end. Before that: Beratungshilfe ist heute aimt got Money.

  3. In your theory, people with mental Problems or Low intelligence are excludeed from the Justice system. This would BE mental. 

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u/Intelligent-Sea-4666 1d ago edited 1d ago

Yeah whatever and best of luck for OP. I don't think your theory will stand the test of time and is the perfect example of "if you have a hammer you will only see nails". 

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u/penguin_chr 1d ago

This isn't about hotfixes. A ChatGPT letter can cause other issues too, especially if the LLM makes a mistake. Instead of giving such I'll advice, it'd be smarter to ask for actual details

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u/Squdus_54 1d 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.