Some things we simply have to repeat over and over again like a prayer wheel: There are basic labor rights – and they also apply to mini-jobs.
During our trade union consultations we hear stories of outrageous working conditions or absurd employment contract clauses again and again. Just because your boss claims something doesn’t mean it’s true.Specifically, we are currently fighting a labor dispute against a bakery in the Neustadt. Our colleague was dismissed without notice – without any apparent reason. She is not going to take the blame for this dismissal, and together we have filed a lawsuit for dismissal protection with the labor court. The conciliation hearing will take place on July 31, 2020. Dismissals are in many cases incorrect and therefore ineffective. In addition, the full salary and any other claims, such as vacation pay, are often not paid out. Even if bosses believe they can do what they want, it is often possible to take action against them. Therefore: Know your rights!
It is no surprise that we often don’t know our rights, because at school, university or even at work, unfortunately, there is almost never any mention of labor rights. That is why we once designed a whole series of posters on basic labor law standards. Recently we had new ones printed and made them available for gluing and distribution.
Apparently, this has already been used, which makes us very happy. How did we find out yesterday? Two bosses called us angrily, one of them the one from the above-mentioned bakery, with whom we are currently engaged in a labor dispute. Both of them removed the posters that they claimed were illegally placed. We know well enough that bosses feel addressed by our posters. Strange: Why do they even bother when public information about labor law facts takes place in their stores?
Anyway, you are welcome to pick up the posters in our office and to hang them up in your neighborhoods, meeting places or at your place of work. Just write us an email. (At this point we would like to point out once again that house facades, if they are not your own, are not a legal surface to hang up).
We address these topics with the posters:
- Minijobbers are part-time employees. They have fundamentally the same rights as full-time employees, such as sick leave, right to paid vacation, protection against dismissal, etc.
- Workers are free to talk about their salary. This is not a trade secret. Contract clauses to the contrary are invalid. Talk about this with your colleagues. This way you can quickly find out who is treated worse in the company.
- If a worker falls ill during vacation, the days of incapacity to work are not counted. So you can take your vacation later in full, but you must present a medical certificate. Also important: just because there is nothing about vacation in your employment contract does not mean that you are not entitled to vacation.
- Tips are a gift from the customer to you and may not be withheld.
It disgusts us when, in addition to the “normal” exploitation that a wage labor relationship always represents, even the most basic standards are simply disregarded. It is clear: our posters refer to the absolute minimum! To things that are anchored in law. And yet, labor law is not even particularly on our side, but rather employer-friendly. In order to enforce good conditions for all, of which many people don’t even dare to dream, more is needed.
- Start dreaming! Ever thought about the fact that people could have more than the legal vacation entitlement, the possibility of participation, a staff with participation and veto rights?
- Get in touch with your colleagues, build a trusting relationship and use your solidarity to change your workplace.
This is all the more important as the current economic system is already being sucked back into the next crisis by the corona pandemic. This will pose major challenges for us as a trade union, and in particular for all wage earners. After all, the consequences of the crisis are all too happily passed on to those who have too little of the cake anyway. We can counter this with our collective solidarity. Because the more people who resist and enforce better working conditions in their companies, the better the starting conditions for all workers. Bosses can then no longer claim that it would be no different elsewhere. And labor law standards have not been kindly given to us by parliaments and presidents, but because many workers have pushed through improvements for themselves, went on the streets for them and made their companies burn.
You can find knowledge and exchange about this at grassroots trade unions. Become a member and/or come to our trade union consultation if you have problems or frustration, but also if something seems strange about my employment contract. We can give you first tips and analyze the situation together.
The consultation takes place every 2nd Tuesday, next time on 07.07.2020. We meet in our office in the Mangelwirtschaft, but you can also join us via the following link. If you have urgent problems, please send us an email to faudd-beko@list.fau.org or call us at 0159 051 89 548.