Legal Assistance for Salary Problems


Questioner

My employer has liquidity problems and therefore wants to pay salaries ten days later and reduce them by 10%. Our company is basically healthy, but has a considerable number of slow-paying customers. Can my employer just push this through and what options do I have or should I better agree to this? Apparently half of my colleagues think it's fine.

Lawyer

If there is a collective labor agreement, a minimum salary may apply. An employment contract cannot be changed unilaterally. You must therefore agree, otherwise what is stated in the existing employment contract applies. The 10 days late payment is too short to really work on. The law does stipulate that a considerable fine is due. Slow-paying customers can also become non-paying customers. Liquidity problems can be solved, but if salary arrears increase, it can sometimes be wise to jointly file for the employer's bankruptcy. Incidentally, these are the kinds of cases where a works council, if present, can be the logical platform to present information and have it discussed with the employer. If they believe that agreeing to a lower salary is wise, then that can be a reason to go along with it.

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