Salary arrears of 2 months' salary plus expenses.
November 7, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello, I am still expecting my salary from September and October from my former employer. In the meantime, I am working at a different company. I had a probationary period and resigned within the notice period. However, I am the father of two illegitimate children and need to pay child support, which has not been paid for 2 months. What can I do? He also does not fill out the registration certificates for the employment office or provide the tax card for the new employer, even though the relationship ended on October 20th. I do not have legal protection.
Dear inquirer,
First of all, thank you for your inquiry!
I would like to address your questions based on the situation you described as follows:
According to your description, your employer is in arrears with the payment of your salary without a legal basis.
Therefore, I advise you to request your employer to pay the outstanding amount, return the income tax card, and fill out the registration certificates. You should do this in a verifiable way, preferably in writing (registered mail with acknowledgment of receipt) or in the presence of witnesses.
You should give your employer a deadline of approximately 10-14 days for payment and in case your employer does not pay or comply with your requests, you should already indicate that you will take legal action.
If your employer still does not fulfill his obligations, letting the deadline you set pass unused, you should assign a colleague on site to represent your legal interests.
The overdue salary could then be claimed either through the judicial dunning procedure or directly in front of the labor court. The other claims (return of income tax card, registration certificate) would have to be claimed directly.
I hope that my explanations have been helpful to you.
You are welcome to contact me through the follow-up option on this portal or via my email address.
I am also available to represent your interests further.
I would credit the initial consultation fee paid here in the forum in full in case of further engagement.
Wishing you a pleasant Saturday afternoon and a wonderful weekend!
Kind regards,
Dipl.-jur. Danjel-Philippe Newerla, Lawyer
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
