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Not paid variable salary after bullied in probezeit

Umschalten
Dear all,

Last year I joined one company and was forced to left during probezeit. Actually I was heavily bullied. Actually once I talked with head of my department but does not made any difference in situation.

According to work contract I should get variable salary and which is decided based on my performance (8%) and company’s performance (8%). I should get this variable salary part for the time period I was working.

To measure my performance there should be one common document/contract between me any my team leader and there was no such document. So they can not prove my performance was enough on factual basis.

Company never paid variable salary based on my as well company’s performance. I tried to contact HR and received some rude answers.

Please also advice me on this issue.

1) Can I complain for this unpaid variable salary? Where and how.?
2) Can I complain about bullying now after one year of leaving company?

I don’t have rechtsschutzversicherung.

It was really hard time to find job after his any way.

Rl
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Re: Not paid variable salary after bullied in probezeit
Antwort
01.06.10 02:16 als Antwort auf rl user.
Hi,

it looks like there are two different issues at play. One would be bullying in the workplace, the other one a potential breach of contract.

I think the Arbeitsgericht is where you would normally have to go in this case, to fight both issues simultaneously.

If you want to fight them individually, maybe the best would be to contact an organisation that deals with bullying as they might be interested to fight the case if theres a clear outcome for winning.

For the breach of contract the low cost alternative is to start a Mahverfahren
(http://de.wikipedia.org/wiki/Mahnverfahren)
against the company for the money that they owe you, or the bit that they are contractually obliged to pay.


This is not legal advice. There are always risks to starting a legal process against anyone so always check with a lawyer.

-a
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Re: Not paid variable salary after bullied in probezeit
Antwort
03.06.10 01:28 als Antwort auf rl user.
please suggest me some english speaking lawyer in Munich in thia area if somebody knows.

RL
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