Legal Advice for Employer Problems - Legal Advice


Questioner

My employer, where I have been employed since 1 January 2014 under various employment contracts, which have been tacitly transferred to the AO for OT since 1 July, is having payment problems. The AO states that I will be provided with a company car. This was a rental car and had to be returned on July 1st due to payment problems. I have an outpatient function and am dependent on a car, which I provide for by borrowing the car from my wife, neighbors, etc. The salary for August has not yet been transferred and there are only promises that are not fulfilled. It is a small company (4X) I do not want to put pressure on the relationship yet, but would like advice on my rights

Lawyer

On the basis of BW 7 679 paragraph 2 you can terminate the employment contract. I do not recommend that, because then you will not be entitled to unemployment benefits. This would be a case of culpable dismissal. Because you have a claim on your employer under your employment contract, you can in principle suspend the employment contract until the salary has been transferred. What also helps is the principle of good employment. You provide what is needed for your mobile function by borrowing transportation. I have experience sending petitions and have previously used a debt collection agency.

Questioner

Thanks for your response..... I assume you mean: good employment? And, what is the consequence of suspending the employment contract? Am I entitled to salary or possibly unemployment benefits during that period of suspension?

Questioner

Thanks for your response..... I assume you mean: good employment? And, what is the consequence of suspending the employment contract? Am I entitled to salary or possibly unemployment benefits during that period of suspension?

Lawyer

Indeed, employment. In principle, you can claim salary for that period, unless a judge indicates that it is not proportional. Unfortunately, in principle, you are not entitled to unemployment benefits.

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