Here are your 3 steps to claim your rights to get papers:
1. Get your PAPERS
Get the basic documents needed:
- proof of payments that you recieved (on your bank account)
- Only for the months where you are missing pay
- If you do get paid in cash then ask for a written proof and get help.
- your work CONTRACT
- If you do not have a written contact, then get help.
- your PAYSLIPS
- Of the last three recent months
- If you do not have (access to) your payslips or other work related papers, then you are on the fast lane to get all your work papers now. Read on!
2. INFORMALLY claim your papers (E-mail or messenger)
Make an informal claim through your normal means of communication. Be it e-mail or messenger: write a message stating your claims.
State the papers that you are missing, some examples:
- Declaration of working conditions according to the Evidence Act and EU Directive for more transparency and predictability in working conditions (minimum information see page 2)
- Declaration of employment relationship to be submitted to the State Office for Immigration for the issuance / extension of a residence title
- Certificate of employment in accordance with §312 SGBIII (on the form of the Federal Employment Agency)(“Arbeitsbescheinigung”)
- Employment reference covering conduct and behaviour (“Arbeitszeugnis”)
- Holiday certificate with total and remaining holiday (§ 6 BUrlG) (“Urlaubsbescheinigung”)
- Income tax certificate (“Steuer”, “Lohnsteuerbescheid”)
- Notification for social security (“Meldung Sozialversicherung”)
- Payslips (“Lohnbescheid” / “Lohnabrechnung”)
- Accounting of the one-off payments (“Einmalzahlungen”)
- Duration and amount of “continued remuneration”, sick pay, injury pay (“Krankengeld” / “Verletztengeld”)
- Certificate of earnings according to section 108 of the Trade Regulation Act (for employment office, immigration office, housing benefit, BAfög) (“Verdienstbescheinigung”)
3. FORMALLY claim your papers (“assertion of claims”)
Your boss ignored your informal claim (again)? No problem! As you did Step 1 to 2 you are already prepared for filing a lawsuit but first you have to make a formal claim outside of court.
The formal process is called “assertion of claims” (“Geltendmachung”). Formally requesting papers builds up more pressure and enables you to take the next step of filing a lawsuit. In many cases bosses pay after an assertion of claims within a month. So lets make a formal claim!
- Fill out the german template to formally request papers and set a deadline
- Sign the filled out and printed german template with a pen
- Take a photo and make a copy of the filled out german template
- Send the assertion of claims to your boss (with proof of delivery)
► More informations and templates for assertion of claims
Next Step? #SueYourBoss!
You did step 1 to 3? The Deadline passed and nothing happened?
Perfect! Its about time to #SueYourBoss! Proceed with Step 3!