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Workplace injury (2) -- My rights

Last activity 09 February 2015 by Ms Immanuel

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Ms Immanuel

Hello everyone,
Why does my boss just concern my "oral confession" on "I have no pain now." after my workplace injury? Have I missed something??? :/
When calling me, he was keeping asking me," Are you in pain now?.... So, are you in pain now...?" when I was telling him my clinic report and situation. It is the weirdest call I have received over this 10 years. :unsure
Have I missed something??? :/

beppi

Your post is totally disjunct and confusing, even after reading your previous postings about the topic (why did you start another thread?).
What exactly happened, in which sequence? Did you talk to the Berufsgenossenschaft (they, and not your employer, are in charge of work injury investigations)?

Ms Immanuel

Oh, I am sorry for my mistakes.  :dumbom:
It is really confusing when I read it again today. :o  It may be due to my bad condition and fever without a clear mind at that time. I feel very sorry. :dumbom:

I would like to ask if anybody have the following information or details:

1) Links or information in English about the rights of employees in Germany.
2) Links or information about the Berufsgenossenschaft.
    ( I have not contacted them because I know nothing about it. I am sorry.)

As I have a week of sick leave assigned by my doctor before the follow-up consultation, it is the high time for me to study more when now I can only stay at home.

Thank you very much for giving me a hand :D

beppi

1. The only thing I have fouznd (in a brief Google search) is this rather short Wikipedia entry:
    http://en.wikipedia.org/wiki/German_labour_law
2. Website in English: http://www.dguv.de/de/Berufsgenossensch … ndex-2.jsp
You cannot expect complete information in any langauage other than German.
I think you should contact the Betriebsrat (employee council), if your employer has one, or an (English speaking) lawyer for labour law (Arbeitsrecht), since such matters are not navigable in English - it's even difficult for a German native speaker to understand!

Ms Immanuel

Oh, my goodness. Thank you very much for you kindly advice and the information given. You are so kind to me. Yes, I think this time to do something for myself and know more after being exploited for so long time. It is not only for myself but also for other naive workers. Thank you very much my angel beppi :thanks:

beppi

I'm not an angel (far from that, really), but I do hope you forward some of the kindness to others!

Ms Immanuel

Really, I would like to express my gratitude for your help. Thank you very much :gloria:heart:

TominStuttgart

Hello Immanuel,
I looked at all of your posts and thought I should comment on a couple of your issues. It is not so easy to understand some of what you write as it sounds like you are not a native English speaker or are very bad in expressing your thoughts. Please don’t take this as an insult, it is NOT meant as such but one needs to be open about any communication problems.

VHS is usually the cheapest place to find German courses and even on a beginning level they are given in German rather than English. There are a couple of reasons for this, probably the main one being that foreigners from all over go there to learn German and may not know much or any English and one cannot expect the teachers to explain things in everyone’s native language.

You write about an injury and asked why they would ask if you still have pains. It is of course a more serious thing if one claims to now be unable to work for an indefinite period of time or to be permanently disabled. If one is just hurt for a couple of days it will probably be seen more like getting sick leave. But it is important to make sure any doctor writes that an injury happened on the job.

As you have experienced, part time jobs lack most benefits. There are only appropriate for spouses who have a full time worker and the other wants to make a little money. Especially mothers who don’t have time to work full-time anyway, might take these jobs. The only solution to get benefits is to find a permanent full time job but till you do, your health insurance should at least get covered by your spouse’s but you will not get any credit towards retirement.

There are laws about working conditions in Germany but it is an illusion to think that they are well enforced. Many jobs, especially at the cheap supermarkets like Aldi, Lidl, Netto etc. are well known for misusing their workers, often expecting people to work overtime without pay, expecting more work than one can manage and to fire people after years of good work just so that they can take cheaper beginners. One can complain and make lawsuits but this is VERY difficult. One has to pay lawyers and fight big companies that want to protect their business model of keeping labor costs down to a minimum. One has the burden of proof and the fact that the German court system is extremely slow, often taking years for even a simple case. I had a company cheat me then declare bankruptcy. The court appointed someone to oversee the case but they told me to expect it to take at least 5 years to be resolved and that one usually gets a few cents per Euro owed. In other words, one has little chance of getting anything.

There was just a TV report some days ago about Netto supermarket and how they mistreated employees for years. These people have lots of documentation yet will probably never get much anything. The upshot is that one should look for a good, fulltime job and unfortunately accept that most part time ones are crappy and there is not much one can do about it. Many foreigners come to Germany and expect efficiency and that the trains run on time and that things like this don’t happen. But there is actually a lot of corruption in many areas; it’s just a bit more hidden. I don't mean to discourage you from finding out your rights but just don't get too high expectations that anybody will do much about it.

Ms Immanuel

Hello Tom,

Thank you very much for your reply. It's really authentic, thank you.

Yep, I'm not a native English speaker and I grew up in a very small island which is a former British colony. Therefore, choosing by my British nationality (thanks to my parents) seems to be the only choice to open an account in any blogs. I am sure nobody can speak my mother tongue. I am not good at expressing myself, too. Throughout my childhood and youth I was mostly staying at home and hospital. That's why I was lack of communication with others. But thank you very much for your understanding and endurance for me. Communication is what I am eager to improve throughout my life.

It is good for you to share your experience with me. It's really helpful and gives me a clear picture what is going on in my situation and how I can survive in Germany.

Up till now, no doctors are willing to write me that an injury happened on the job. I guess it's because I went to see a doctor a couple of days later after I had injured. I am very upset because that's what my boss said to me  -- "Take a rest tomorrow (Friday) and go to see a doctor on Monday if your still feel pain...." I trusted him and treated him like my friend but in return I was betrayed. After these 2 weeks of sick leave, he even threatened me that if I kept having sick leave in this way or refuse to carry boxes after I come back to work, he would fire me or he would not give me back the amount of wage which he has deducted from my monthly salary for my sick leave. (I have Arbeitsunfa:higkeitsbescheinigung). I am still figuring out what I can do.

For the german course, I asked that question because I just want to check out it really exists or not. The lady I talked with in the government office told me that the german courses can be taught in different languages. It sounded unbelievable but I am sure she meant that because in her office she used some time to search a course taught in my mother tongue but she couldn't find any. But never mind, I can bring a dictionary to the class.

Anyway, thank you very much for your advice. It is really kind of you to help a stranger like me.
Have a fantastic day and wish you the best.

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