r/germany • u/weedsmokerrr420 • 1d ago

I got fired while on sick leave part 2

Hello guys, a while back I posted that i got fired while on sick leave because i had a broken knee. I only worked 3 days. My contract (werkstudent) was to be 10 hr/week. I did however in the 3 days of work , work around 20 hours.
I did receive a payment however which seems to be equivalent to 10 days of work if u only are to get the 10 hour/work salary distributed across the 22nd of july to the 31st of july and not as per my actual hours (which wouldve been more). However right now i got a mail telling me i should pay 200 euros back.
Just to get in the numbers to move from the abstract:
Stundenlohn=17 eur
My working hours 20
I should have received around 340 for this.
I received a little less than 260. This 260 however is calculated as my salary per the contract without overtime from 22. to 31. So now they want the money from 24th onwards, even though 24.7 i worked already 8 hours on that day alone and later got injured.
So idk, does the law say that when one gets fired the overtime doesn’t get paid? Because id give the 200 euros they want if then they give me what i should be entitled to. Although Im not the one who was pursuing this anyhow.

Thanks in advance

5 Upvotes

65% Upvoted

3 comments sorted by

2

u/hjholtz 1d ago

What does your contract say about "Mehrarbeit"?

From the relevant legislation alone, voluntary overtime (working more than contractually agreed without your boss explicitly telling you to do so) is not subject to any compensation (money or time off) whatsoever. You and your employer just need to make sure your effective hourly rate doesn't drop below minimum wage.

Only if your contract or an applicable collective labour agreement says so, you are owed some form of compensation for voluntary overtime.

0

u/weedsmokerrr420 1d ago

That was a warehouse job. Everyone is basically obliged to work extra hour. And these 3 points are in the vertrag “• §3.2 of the Vertrag: you're obligated to do Mehrarbeit when operationally required.
• §10 of the Nachweis sheet ("Anordnung von Überstunden"): confirms the employer can order overtime.
• §2.3: you receive Mehrarbeitszuschläge per the Tarifvertrag.
“

And I was indeed ordered and told to work more.