How can I demand back pay?
March 26, 2024 | 40,00 EUR | answered by Sofia Vöss
Dear lawyer,
My name is Bernhard Jensen and I have been working as an employee in a medium-sized company for over two years. Recently, I have discovered that I have not been compensated for regular overtime hours since the beginning of my employment. After careful review of my work time records and comparing them with my salary statements, I have come to the conclusion that I am owed a significant amount of back pay.
This situation is causing me great concern as I urgently need the money and it is not acceptable to me that my employer has underpaid me for an extended period of time. I feel unfairly treated and now I would like to know how I can demand back pay without jeopardizing my employment.
Are there any legal regulations that support my claims for back pay? Should I inform my employer in writing about my demands first or would it be better to take legal action directly? How can I ensure that my rights as an employee are preserved and that I do not suffer any disadvantages by requesting back pay?
I thank you in advance for your support and look forward to your expert advice on this matter.
Sincerely,
Bernhard Jensen
Dear Mr. Jensen,
Thank you for your inquiry regarding the back payment of unpaid overtime. It is understandable that you feel unfairly treated and wish to assert your right to fair compensation. In Germany, there are legal regulations that support your rights as an employee and help you to claim your back payment.
According to § 612 of the German Civil Code (BGB), employees generally have a right to be compensated for overtime worked, if not compensated through time off in lieu. This means that your employer is obligated to compensate you for the overtime worked. If this has been neglected over a longer period of time, you have the right to claim back payment.
However, before taking legal action, I recommend that you first try to have a discussion with your employer. Inform them in writing about your findings of unpaid overtime and request clarification and back payment within a reasonable timeframe. An out-of-court settlement is often the quicker and more cost-effective way to resolve your issue.
If your employer does not respond to your demands or causes difficulties, you can seek advice from an employment lawyer. They can represent your interests, initiate legal proceedings, and help you enforce your rights. It is important that you uphold your rights as an employee and not be deterred by potential disadvantages.
In any case, I recommend that you carefully retain all relevant documents such as work time records, salary statements, and any correspondence with your employer. These can serve as evidence and help you prove your right to back payment.
I hope that my explanations are helpful to you and I am available for further questions and support.
Sincerely,
Sofia Vöss
Employment Lawyer
