Working hours account incorrectly calculated - what can I do?
August 16, 2023 | 35,00 EUR | answered by Alexander Lenzner
Dear lawyer,
I recently discovered that my working hours account was miscalculated and I am concerned about the potential consequences. As part of my job as an employee in a company with flexible working hours, my working hours are recorded through an electronic system. After comparing my own records with the company's records, I found that my working hours were not accurately recorded. This includes both overtime and negative hours that were not properly accounted for.
This error in my working hours account worries me, as I fear it could lead to discrepancies in the payment of my working hours. Additionally, this could also have implications on my vacation entitlement. I want to ensure that my working hours account is kept accurately and fairly to protect my rights as an employee.
Therefore, I am asking you what steps I can take to address the issue with my working hours account. Are there legal actions I can take to have my working hours account corrected and ensure that my working hours are properly recorded? What options do I have to correct the error in my working hours account and secure my rights as an employee?
Thank you in advance for your assistance and advice on this matter.
Sincerely,
Johann Endres
Dear Mr. Endres,
Thank you for your inquiry regarding your working hours account and the associated discrepancies. It is understandable that you are concerned about the potential consequences that may arise from incorrect recording of your working hours. Indeed, it is important that your working hours account is accurately maintained to protect your rights as an employee.
First and foremost, it is important that you have a conversation with your employer and address the issue with your working hours account. You can present your own records and point out where the discrepancies lie. In many cases, such errors can be due to technical issues or human errors that can be rectified through a simple correction. It is crucial that you maintain open and constructive communication with your employer to resolve the issue together.
If reaching a mutual agreement with your employer is not possible or if they are unwilling to correct the working hours account, as an employee, you have legal options to enforce your rights. You can seek assistance from a labor lawyer like myself to assess your claims and potentially take legal action. In this case, we can file an official complaint with the relevant regulatory authority or even consider filing a lawsuit in labor court to rectify your working hours account and potentially claim back payment for lost wages.
It is important that you gather all relevant documents and evidence to document and strengthen your case. This may include your own records of your working hours, pay stubs, and other relevant documents. The more evidence you can present of the incorrect recording of your working hours, the better your chances of enforcing your rights.
I hope this information is helpful to you and I am available to assist you further in this matter. Please do not hesitate to contact me if you have any further questions or need legal advice.
Sincerely,
Alexander Lenzner, Attorney at Law
