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Hi there,

 I am a chef/cook,been working at my current place for more than one year with permanent contract.

I am counted as most expert and senior worker at my work place. For last 11 month I have been paid Less than my working hours and I have told my boss every single month that he has not paid me the right amount and he always said that he will sort it out but he did not indeed.

I didnt have any other option at that time  but to work there due to German language barrier but now I am enough good speaking German.

I don't have official proofs of my working hours from his side but I have been counting hour since my co-worker informed me that he is doing with every second working like this which is called wage theft.

I have what's app conversation proofs that I informed him using this media.

Once he baited me by giving me extra hour to see if I am honest or not but I did inform him about extra and very next month his accountant deducted extra hour for my salary but didn't pay me this right amount. I was really upset so I tried to confirm if he is indirectly involved with his accountant in wage theft by taking one pack of shopping bag,some ice creams and a pack of toilet role right(altogether cost 20 euros)  in front of his camera to see his reaction.

He told me that i have stolen from him so I have no right to ask him for my missing hours(550ruros) provided the reason that he charges 500euros for stolen properties regardless of worth.

He claimed that taking my things without asking me is a stealing but he started stealing first by cutting my hour without telling me months ago. He also says that I have damaged his equipment many ,months ago(didn't provide me any written document for deducted hours and reasons) and I take free food although he permitted me to take food for free other full time workers also take.I didn't tell him that I know everything  as he consider me a fool who dosent know anything.

Following this,he also promised me to increase my hour pay but he didn't aswell. I didn't get my urlaubgeld and  Christmas bonus of last year,I didn't get my cut from tips handed over by riders for innendienst for months,hour rate has nit been increased,none there gets  30min paid break in 8 hours shift and no extra money for overtime but standard hour rate.

On two occasions I paid altogether 130euros just to get at work as transport strike was going on. I informed him about it,he shaked it off by considering him not responsible for that.

He is weeks by weeks increasing my work by calling others off early and this is really depressive.

Some days ago an inspection team came at work to see if there franchised is being operated according to rules and regulations of the company and pointed out countless nonfrivlous negligencies.

Two days ago he said they will get rid of me and I should be reluctant signing any document if they come around again.

Why would they get rid off me? What have I done? Why/what they know about me? I asked and go responded by we will talk later!!

I do agree that I am professional but I took a place at this franchise as a ebike rider. Due to less hours I asked him to let me work inside to get more hours. He agreed.

I also repair and do maintenance of ebikes there so,I  work as a chef,train newbies to understand their duties and help/instruct others  performing their tasks,cleaner,ebike rider and soon as a head chef just for 10.50 euros an hour before tax.

I work 7 days a week just to get 40 hour so I could keep my life up to the par and I have been doing this for several months though It has been written in my contract that he will give me 40 hour a week but if I don't work 7 days a week I don't get enough hours.

This month he stole 125 euros after tax again.

I have decided to track and keep record of everything for one year to get my money and other innocents by staying there for one more year.

If it is certain that he is doing with others too then he has committed this crime more than 300 time last year.

Roughly 300 time this year too.

He dosent reserve to be at his place defacing company name as I am soon going to seal a deal with this company for a franchise. I can't just let it go like this.

Is there anyway to sue my boos in this situation. 

Would be nice if you could help me,

Regards.

asked Feb 21 in Legal advice by Tiger

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1 Answer

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Dear @Tiger,

Welcome back to the Wefugees Community and thank you for sharing your situation with us.

Unfortunately, I am not really familiar with this field of law. I also don't know where you work (it does not sound as this company has an employees representation/work council, right?) and live but I would highly recommend you to consult an expert in labour law regarding your current work conditions. For Berlin and the wider area, you may contact the BEMA-Beratungszentrum (Berliner Beratungszentrum für Migration und gute Arbeit). In other regions you can also contact the migration counselling offices and I am sure they refer you to specialists, in case they can not answer your questions themselves.

All the best,

Meike

answered Feb 28 by Meike
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