11–20 of 20 posts
Earlier quoted context omitted.
616 BGB disagrees. If there is nothing in the contract, pay is due tomorrow.
I am fairly sure you mean 614 BGB - and that only defines that payment is due "after the service has been rendered", but not "immediately after the service has been rendered". The German language, especially in legal texts, is a weapon.
"time period" = "month"
The 28th is a Sunday this year. Banks in Germany don't work on weekends. This is perfectly normal. In fact, there is no legal obligation to pay an employee before the end of the month (unless explicitly stated in the work contract). I've worked for employers that only paid in the first week of the next month. If the money wasn't in their account by tonight, they may want to get worried. But at this point in time, thi…
Earlier quoted context omitted.
I am fairly sure you mean 614 BGB - and that only defines that payment is due "after the service has been rendered", but not "immediately after the service has been rendered". The German language, especially in legal texts, is a weapon.
> If remuneration is assessed by time periods, then it is to be paid at the end of the individual time periods. "time period" = "month"
> Die Vergütung ist nach der Leistung der Dienste zu entrichten. Ist die Vergütung nach Zeitabschnitten bemessen, so ist sie nach dem Ablauf der einzelnen Zeitabschnitte zu entrichten.
translates to :
Remuneration shall be paid after the services have been rendered. If the remuneration is calculated according to time periods, it shall be paid after the expiry of the individual time periods.
"after the expiry" != "immediately after the expiry". It can be one second, or a year. 614 BGB clarifies that you are not entitled money BEFORE you have rendered your part of the contract.
Earlier quoted context omitted.
> If remuneration is assessed by time periods, then it is to be paid at the end of the individual time periods. "time period" = "month"
Your translation is unprecise: > Die Vergütung ist nach der Leistung der Dienste zu entrichten. Ist die Vergütung nach Zeitabschnitten bemessen, so ist sie nach dem Ablauf der einzelnen Zeitabschnitte zu entrichten. translates to : Remuneration shall be paid after the services have been rendered. If the remuneration is calculated according to time periods, it shall be paid after the expiry of the individual time peri…
That's actually exactly what it means. Immediately after the end of the time period, the employee is entitled to the money and the employer has to pay interest for each day after that.
Earlier quoted context omitted.
Your translation is unprecise: > Die Vergütung ist nach der Leistung der Dienste zu entrichten. Ist die Vergütung nach Zeitabschnitten bemessen, so ist sie nach dem Ablauf der einzelnen Zeitabschnitte zu entrichten. translates to : Remuneration shall be paid after the services have been rendered. If the remuneration is calculated according to time periods, it shall be paid after the expiry of the individual time peri…
> "after the expiry" != "immediately after the expiry" That's actually exactly what it means. Immediately after the end of the time period, the employee is entitled to the money and the employer has to pay interest for each day after that.
The legalese for what you describe would be "mit Ablauf des Zeitabschnittes". Which is NOT in the legal text here.
Earlier quoted context omitted.
> "after the expiry" != "immediately after the expiry" That's actually exactly what it means. Immediately after the end of the time period, the employee is entitled to the money and the employer has to pay interest for each day after that.
I would suggest to talk to your company's legal representative. You may be surprised. The legalese for what you describe would be "mit Ablauf des Zeitabschnittes". Which is NOT in the legal text here.
> (...) Im Falle des verstetigten Bruttomonatsentgelts tritt diese Fälligkeit gemäß § 614 Satz 2 BGB nach Ablauf des Zeitabschnittes, bei einer Monatsvergütung also nach Ablauf des jeweiligen Monats, ein. (...) [1]
This means the payment is due as soon as the month is over and according to § 286 (2) 1 BGB, the employer is immediately in default
Earlier quoted context omitted.
> "after the expiry" != "immediately after the expiry" That's actually exactly what it means. Immediately after the end of the time period, the employee is entitled to the money and the employer has to pay interest for each day after that.
I would suggest to talk to your company's legal representative. You may be surprised. The legalese for what you describe would be "mit Ablauf des Zeitabschnittes". Which is NOT in the legal text here.
This is settled law. This has been settled law when people still got their Lohntüte at the end of each week.
The 28th is a Sunday this year. Banks in Germany don't work on weekends. This is perfectly normal. In fact, there is no legal obligation to pay an employee before the end of the month (unless explicitly stated in the work contract). I've worked for employers that only paid in the first week of the next month. If the money wasn't in their account by tonight, they may want to get worried. But at this point in time, thi…
The article says that UK employees were due to be paid on 25th, which was Friday, but were told they would be paid on the 28th, Monday, instead. So that's not normal but is an internal problem, even if a one off and not necessarily serious. As an aside, and it might be different in Germany, if a payment due date falls on a weekend/bank holiday then usually the payment should be made before , not after , because payme…
I've worked for the same firm (a medium-sized aerospace company) for 15 years.
Never once, for approximately all three hundred and ninety pay periods during that time, has my pay been even 1 femtosecond late, or the date of my pay been changed.
Is this really common and normal?
Personally, I consider it a gigantic, waving, red flag if payroll cannot push the button on time, every time, with no exceptions. That's the simplest and most fundamental business process there is: paying your employees.
Earlier quoted context omitted.
The article says that UK employees were due to be paid on 25th, which was Friday, but were told they would be paid on the 28th, Monday, instead. So that's not normal but is an internal problem, even if a one off and not necessarily serious. As an aside, and it might be different in Germany, if a payment due date falls on a weekend/bank holiday then usually the payment should be made before , not after , because payme…
>So that's not normal but is an internal problem, even if a one off and not necessarily serious. I've worked for the same firm (a medium-sized aerospace company) for 15 years. Never once, for approximately all three hundred and ninety pay periods during that time, has my pay been even 1 femtosecond late, or the date of my pay been changed. Is this really common and normal? Personally, I consider it a gigantic, waving…
https://www.polygon.com/platform/amp/2016/12/10/13908156/cry...
Earlier quoted context omitted.
The article says that UK employees were due to be paid on 25th, which was Friday, but were told they would be paid on the 28th, Monday, instead. So that's not normal but is an internal problem, even if a one off and not necessarily serious. As an aside, and it might be different in Germany, if a payment due date falls on a weekend/bank holiday then usually the payment should be made before , not after , because payme…
>So that's not normal but is an internal problem, even if a one off and not necessarily serious. I've worked for the same firm (a medium-sized aerospace company) for 15 years. Never once, for approximately all three hundred and ninety pay periods during that time, has my pay been even 1 femtosecond late, or the date of my pay been changed. Is this really common and normal? Personally, I consider it a gigantic, waving…