Enforcement of claims to pay, overtime and annual leave
Outstanding salary, unpaid overtime or refused leave place a considerable strain on the employment relationship. Many of these claims can lapse if they are not asserted in time. We review your claims and enforce them against the employer.
The key points at a glance
Pay
The entitlement to pay arises from the employment contract, a collective agreement or a works agreement. Pay must not fall below the statutory minimum wage. This also includes variable components such as bonuses or commission, provided their conditions are met. Wage claims are generally time-barred after three years, but may lapse considerably earlier due to cut-off periods.
Cut-off periods
Many employment contracts and collective agreements provide that claims must be asserted in writing or in text form within a few months and, if necessary, pursued in court. Whether such a clause is valid must be examined in the individual case. To be on the safe side, claims should be asserted promptly.
Overtime
Overtime must be paid or compensated with time off if it was ordered, approved or tolerated and no valid flat-rate compensation has been agreed. In the event of a dispute, employees must set out in specific terms the hours worked and that they were required by the employer. Keeping your own records is very helpful for this.
Annual leave
The Federal Leave Act provides for a statutory minimum leave entitlement. More may be agreed contractually. As a rule, leave is forfeited only if the employer has notified you in good time of the impending forfeiture and asked you to take your leave. When the employment relationship ends, untaken leave must be paid in lieu.
How we proceed
We analyse your contract, payslips and records and calculate which amounts or days of leave are outstanding. In doing so, we check cut-off and limitation periods.
We assert the claims against the employer in time and in the required form, and substantiate them clearly.
If the employer does not pay or refuses, we file an action with the labour court and represent you in the proceedings.
Frequently asked questions
I did not record my overtime. Do I still have a chance?
That is possible, but more difficult. In addition to your own notes, e-mails, calendar entries, access logs or witnesses can serve as evidence. We will assess together with you how robust this is in your individual case.
Can I assert outstanding claims while my employment is still ongoing?
Yes. Employment law prohibits your employer from treating you less favourably because you have legitimately exercised your rights. We will discuss with you how your claims can be secured without placing unnecessary strain on the employment relationship.
Your contacts
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Gewürzmühlstraße 5 · 80538 Munich