Legal questions in the hospitality industry? Get advice!

Questioner

Dear, Two questions on the same topic. I work in the hospitality industry but I always have to be ready 10 minutes in advance to hand over work, but that often doesn't take longer than a minute and so I start work at 10. I will never get paid for these 10 minutes. Is this allowed? Also, I was a minute 'late' recently. I was supposed to start at 11, but I was ready 10 minutes in advance and instead of 10:50 I was only ready at 10:51 (!!!) Too late, according to the owner, who also said that it was already 10:55 on her watch. The next day the tip was distributed (beginning of the new month) and I found out that €5 had been deducted from my tip because I was 'too late' that day. How does this work? Thank you very much

Lawyer

The tip is for the employees. The employer may not deduct any amounts from it. She must still pay you those 5 euros. It is often customary that you have to be present earlier for handover. If 10 minutes is too long I would discuss with the employer, with your colleagues, to reduce this to 05 minutes. If you are present 9 minutes before the start of the shift, then of course you cannot speak of being 'late'. I would address your employer about this. This kind of behavior does explain why there is a staff shortage in the hospitality industry. Should those 10 minutes be paid? This is a very interesting legal discussion about which there is (still?) no agreement. I would therefore focus more on those other 2 points.

Questioner

Thank you so much for this clear answer!