My employer has not been paying me the minimum wage for months, what can I do about it?
June 11, 2022 | 40,00 EUR | answered by Friedhelm Krebs
Dear Lawyer,
My name is Greta Krüger and I work as a saleswoman in a small retail store. For several months, I have noticed that my employer is not paying me the legally required minimum wage. This includes both my regular hourly wage and any additional pay for night work or Sunday work.
I am concerned that my employer is breaking the law and causing me financial losses. I have already tried to address the issue internally, but my employer refuses to pay me the minimum wage and claims that my work hours and performance are not adequately documented.
I am wondering what I can do about this and what legal steps I can take to enforce my right to the minimum wage. Are there any ways to protect myself from further financial losses and compel my employer to pay the minimum wage? I am grateful for your support and guidance on this matter.
Sincerely,
Greta Krüger
Dear Mrs. Krüger,
I understand your concern regarding your employer's failure to pay the legal minimum wage and would like to outline some legal steps you can take in this situation.
First and foremost, it is important that you assert your claims against your employer in writing. You should give them a deadline to pay the minimum wage and correct the missing supplements for night and Sunday work. It is advisable to support your demands with appropriate evidence to substantiate your working hours and performance.
If your employer still does not pay the minimum wage even after the deadline, you can turn to the competent labor court and file a lawsuit for payment of the minimum wage. The labor court will then examine whether your employer has actually violated the minimum wage law and, if necessary, issue a corresponding payment order.
Furthermore, you have the option to contact the competent trade supervisory authority and file a complaint against your employer. This authority is responsible for reviewing violations of the minimum wage law and potentially imposing sanctions on the employer.
It is important to note that by asserting your claims, you are legally protected from possible termination by your employer. If your employer attempts to dismiss you due to your demands, you can also turn to the labor court and file a lawsuit for protection against dismissal.
Overall, it is advisable to consistently and assertively assert your claims for the minimum wage against your employer. If you need further support or advice, I am happy to assist you.
Best regards,
Friedhelm Krebs
