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Help Regarding Kurzarbeitergeld and Non payment of wages.

Greetings,

I am Joseph. Foreign student at University of Potsdam. I have a mini job as student assistant. And also a part time job at a Hotel. I have been working in the hotel at reception and bar for more than 5 months now. I was offered a Job contract for 96 hours/Month at Hotel starting from 8th January 2020.
Due to coronavirus the Hotel was closed mid march and reopened on May 2020.
I read about Kurzarbeitergeld and asked my employer if I was eligible and included for it. But he refused the claim mentioning I am a student and hence not eligible for Kurzarbeitergeld.
Since, I have a 96hours/Month contract. I contacted Councelling services in Berlin (Fair Mobilität) and got to know that I was eleigible for it. But my emolyer didn't register me for it.
And also I found out about my rights for full payment from the mentioned Working Hours i.e 96h/month in the contract,which was being denied by my employer.
I contacted my employer and also sent zahlungsaufforderung. But the Claim for my wages was denied by my employer.
I also contacted my Health insurance and got the information that my employer has not been paying the insurance according to the contract.
Also my employer registered me as a Mini job despite giving me a contract for 96h/month. Because of this my tax class in Mini job ( Max planck) Changed to 6th.

Since, asking for zahlungsaufforderung my employer has been trying to terminate me. They have also removed the old contract and propsed me a new contract with reduced working hours of 24h/month. And I am afraid I will have a termination if I don't sign the new contract. 

Kindly help me. I read about approaching Labour court. But I need some guidance with finding a lawyer and also since my income is not high, apply for Beratungsschein. If that is possible. Any help would be highly appreciated.

Thank you.
Best regards,
Joseph

Joseph: 30.06.2020 |
  • RE: Help Regarding Kurzarbeitergeld and Non payment of wages.

    Hello,

    thanks for your question.

    If you have to be registered in your 96h-Job as working student or as regular employee depends not only on your weekly working hours, but also on how the workingtimes are and how long the contract period is/was, because there are some exceptions from the so called 20h-rule.
    If your registration as working student was correct, you are unfortunatelly not entitled for Kurzarbeitsgeld.

    Only if you have been registered wrong and get retrospectively registered as a regular employee (including the full social security contributions) you are entiteld for Kurzarbeitsgeld.
    If you are entiteld for Kurzarbeitsgeld is in the area of ​​social security law.

    Nevertheless Kurzarbeit itself can apply to you anyway in the area of labour law, even when you are not entiteld to Kurzarbeitsgeld in the area of social security law.
    If Kurzarbeit has applied to you, you are not entitled for full payment of your contractually agreed working hours. This you can legally claim only if Kurzarbeit hasn't applied to you, then you are entiteld to get payed.

    All this has to be checked by a lawyer or a trade union legal advice. This is nothing we can (or are allowed to) do via online forum. So to go to Fair mobility was a good first step. Ask them for further help. Maybe they can tell you, which trade union is responsible for you. If you join as a member, they can help you much better than we can do, also with the termination and the changed contract. They also might help you with Beratungshilfe and finding a lawyer, if you don't want to become a memeber of one of our trade unions.

    If you are here with a students visa be aware of the 120 days/240 half days-rule! If you work officially "too much" you can loose your residence permit.

    Check also our general information in English in our Corona-FAQs for students.

    If you have further questions e.g. about where else to get money, you can get advice in at the students counselling for international students at your university and the Studierendenwerk or you can write us again.

    I'm sorry we can't help more! Best wishes
    Andrea
    DGB Jugend students counseling

    This is a service of your tradeunion, please recommend us and join us on Facebook! By the way: Solidarity rules – join us!

    dgb-jugend: 30.06.2020


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