Press statement number 38/21 of the federal labour court of Germany regarding the ruling from 10.11.2021 (file reference: BAG 5 AZR 334/21)
Bicycle delivery workers (so-called “riders”) who deliver food and beverages and receive their orders via a smartphone app are entitled to have the employer provide them with the essential work equipment to perform their job. This includes a roadworthy bicycle and a suitable internet-enabled mobile phone. Deviations from this principle may be contractually agreed. If this is done in the employer’s general terms and conditions, they are only effective if the employee is promised appropriate financial compensation for the use of his or her own bicycle and mobile phone.
Want to get your work equipment? Do it together with a friend or co-workers, get help from unions or lawyers this way its easier and more fun! Share the knowledge with other workers!
Step 1: KNOW your rights
You get alot of rights with your work contract. Workers rights are the bosses duties. The better you know your rights, the better you can enforce them. Bosses have to give workers that work based on a work contract everything they need to enable them to work. This includes all nessesary work equipment.
Work equipment that needs to be provided by bosses:
- work vehicles (cars, bikes, scooters …)
- work tools (craft tools, work phones, work laptops …)
- work clothes (jackets, gloves, helmets …)
- work spaces (offices, toiletts, changing rooms, kitchens …)
You want to know more about your rights? Click here!
Step 2: CLAIM your rights
Stop waiting for a “good moment” to ask your boss nicely to get your work equipment. Stop sending informal messages or mails that your boss will ignore. Use the (german and english) templates provided here to formally assert your claims and get your work equipment!
In most cases its enough to show your boss that you know your rights and you know how to enforce them. Bosses normally do comply within 1 month. If they continue to ignore you? No problem! You already did take the first step to #SueYourBoss!
You can not handle paperwork? Afraid of formulars? Too many questions? No problem! Ask a friend or colleque to help you filling out the templates. Or ask unions or initiatives, they normally do most of the paperwork together with you. Or get a lawyer to do this for you.
Step 3: #SueYourBoss!
Why are most bosses violating workers rights?
Often bosses systematically violate workers rights when they unfarily fire workers or steal their wages. This is criminal but authorities dont care, major unions and workers dont challenge the status quo.
Even when courts rule several times against the same boss there is no authority stopping the boss from doing the same thing again and again (be it to the same worker or another worker). In many cases there is no punishment for bosses violating laws or regulations besides that bosses have to undo the violation. So when bosses loose lawsuits the only thing they have to do is to pay workers the stolen wages or take back the illegal termination.
So workers have to file lawsuits again and again to get their rights. Thats why workers, initiatives, unions and courts themselfes help and support workers to file lawsuits. To enable you to #SueYourBoss!
► More informations on work contract violations of bosses.
In most cases it wont be nessesary to file a lawsuit. You will most likely get your right after claiming it (Step 2). If you still didnt get your money then you can increase the pressure on your boss and take Step 3 (lawsuit). But to do so you have to first do Step 2. You can not skip Step 2. If you file a lawsuit without formally claiming your rights first the lawsuit is likely not being accepted by court. So dont forget to CLAIM your rights first! Dont skip Step 2!
Below are some more questions and answers on filing lawsuits.
How long do lawsuits take?
Sueing for your rights takes 2-6 months for the first court instance (first ruling). Normally it takes at only 2 court hearings, rarely more.
FIRST COURT HEARING (“CONCILIATION HEARING”)
Judges first try to settle the case without a ruling in a “conciliation hearing”. This first hearing should happen within the first 2 months after filing a lawsuit. Sometimes bosses even settle before the first hearing and just pay what you claim.
SECOND COURT HEARING (RULING)
The second court hearing should happen within 6 months after filing a lawsuit. This where the judge will rule on the case. In most cases bosses do the papers before the second hearing to avoid a ruling and more costs.
How much do lawsuits costs? (legal costs)
In short: the costs for lawsuits (in the first instance) can be up to 1.000 Euro.
1.000 Euro!?! How am I supposed to pay this? No problem! Please continue reading …
► More informations on legal costs.
How can I get the legal costs covered? (Legal insurance)
There are three main ways to get your legal costs covered:
- unions,
- private insurances,
- “Legal aid” by the state.
► More informations on legal insurance.
How can I cancel my lawsuits? (withdrawing)
Yes, you can withdraw a lawsuit whenever you like. It very simple: You just fill out a template and sent it to court. This is quite common as bosses try to avoid rulings against them by settling outside of court, before the court hearings.
► More informations on withdrawing lawsuits.
How can you #SueYourBoss?
In most cases it wont be nessesary to file a lawsuit. You will most likely get your right after claiming it (Step 2). If you still didnt get your equipment then you can increase the pressure on your boss and take Step 3 (lawsuit). But to do so you have to first do Step 2. You can not skip Step 2. If you file a lawsuit without formally claiming your rights first the lawsuit is likely not being accepted by court. So dont forget to CLAIM your rights first! Dont skip Step 2!