What to Do If Your Employer Doesn't Pay?
You Should Know This:
- You are always entitled to your wages - even if you have been dismissed and do not have a written employment contract.
- Claim your outstanding wages in writing before you take legal action. This may mean that the employer pays your wages and you do not have to go to court.
- In Germany, you must claim your outstanding wages in court yourself (alone, with the help of a lawyer or a trade union). Neither the police nor customs/financial control of illegal employment will claim these wages for you.
How Can I Protect Myself?
- Before starting work, check whether your agreed wage is correct: Is the statutory minimum wage of €12.82 gross per hour (as of January 2025) being paid? Is there an industry minimum wage that applies to you? Ask the trade union or an advice centre.
- Document your work: Write down your exact working hours and break times, the place of work and the tasks completed each day after work in a notebook or working time diary! Also note the name and address of your employer, the company or client you are working for, as well as witnesses to the work you have done.
When Can I Claim My Wages?
Ask your employer for payment if they have not paid or have paid too little by the agreed payment date (often the 15th of the following month).
Important:
The labour or collective agreement stipulates preclusive periods, which are often very short. These regulate how long you can assert your wage claim against the employer. Check these! If you do not send the written request for payment (assertion) within the deadline, this will affect your salary entitlement. Seek legal advice immediately if you have missed the deadline! It may still be possible to take legal action.
How do I Claim my Salary Correctly?
Send your employer a letter stating the amount of the claim and what it consists of.
It is best to draw up a list of where, when and what you have worked. You must state the exact amounts that your employer owes you. Set a deadline of 2 weeks for payment. Provide your bank account details. Ask at a counselling centre for a sample letter or language support!
Attention:
It is best if you sign the letter and send it to your employer by registered post. Keep a copy of the letter and the postal receipt as proof. It is also possible to request payment from your employer by fax, e-mail, text message or WhatsApp.
A verbal/telephone request for payment is not valid.
How Much Salary Can I Claim?
It is important that you claim the correct amount. You always claim the gross hourly wage or gross monthly wage. Proceed as follows:
- Calculate your gross entitlement for the month in question. Multiply your working hours by the hourly wage and any bonuses, e.g. for night work or public holidays.
- Calculate any other outstanding amounts, e.g. unjustified wage deductions or payment of unused holiday at the end of the employment relationship (holiday pay in lieu).
- List net amounts already received (advance payments).
- Claim the gross entitlement and state the net amounts received! Do not calculate a final amount and do not deduct net from gross!
Frequent Topics and Problems
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