Voluntary benefits at a temporary employment agency TUJA
March 16, 2011 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
I have an important question. I work as an accountant through a temporary employment agency, and I am now pregnant. I was sick for 4 weeks and now they have underpaid me by 600 euros. My basic salary would have been 173.36 hours starting from February. Tuja has acknowledged that a mistake was made and I will be paid for the missing 10 hours, but I am still missing 500 euros because Tuja has so many voluntary supplements. I have been working there since May 1, 2010, and have never been sick, regularly receiving a net salary of around 1900 euros.
Now, due to my illness, they have simply cut everything. Is there not a customary law that applies here? Or is this actually okay? I am the main earner and we urgently need the missing money. Should I go to a lawyer for this? I have legal protection insurance.
Please provide a quick response.
Best regards,
S Budur
Dear advice seeker,
Thank you for your inquiry.
I would like to answer it as follows:
Due to illness, your employer is not allowed to reduce your salary/wages. This is stipulated by law, specifically § 616 of the German Civil Code.
You should request your employer to pay the outstanding salary, citing this provision, in a verifiable manner (by registered mail) and setting a reasonable deadline for payment (approximately 10-14 days).
If the deadline passes without success, you should engage a local lawyer to represent your legal interests.
I hope I have provided you with some initial legal guidance and wish you success and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive review of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me through the follow-up option if you have any further questions.
Have a pleasant Wednesday morning!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax.0471/140244
