an ex-employee claims €30,000 from the former golf course restaurant

A second

He will have to wait until October 20 and the judgment of the council of Prud’hommes de Montbéliard to touch the least penny. The young woman has indeed brought the case before this court, where she was heard on Thursday.

The story ? Hired on August 21, 2021, the waitress has a contract that normally ends on September 30, 2021. But from that date, the restaurant manager, who is also in dispute with the golf association with which she is under contract, continues to make her work; the employee is paid for the following two months, by transfer to her account but without a payslip.

Undeclared overtime hours

On December 7, the boss asks her to take paid leave because she can no longer pay her. After ? Radio silence, despite a letter with acknowledgment of receipt on February 2 where the complainant asks to receive the missing wages, paid holidays and above all to be dismissed. Because never broken, his employment contract is still running, preventing him from receiving unemployment benefits and especially from finding another job. Even an interim decision by the Prud’hommes judge according to which the company l’Entre Midi must pay salaries until April 2022 remains without effect!

“It was a very difficult period”, admits today the former waitress, who, four days after her dismissal by the judicial liquidator, was able to find a job as a caregiver. “Fortunately, I had the help of my relatives. But I always have the ushers at my door”. Maître Hervé Guy, son lawyer, requests that the termination of the employment contract take place on the date of that of the economic redundancy so that his client can receive his wages since December inclusive.

This is only part of the iceberg: one month’s notice, payment of paid leave, legal severance pay (€475), damages of around one month’s salary and €4,000 for the separate damage is claimed. As for overtime – more than 14 per week from October when the employee found herself alone with the manager – performed but never paid or even declared – they are estimated at €3,000.

Previous cases

Finally, for clandestine work (no social contributions, no account for retirement due to the absence of payslips), the lawyer asks for six additional months’ salary. In total, the Labor Court, if it recognizes the damage of the repercussion, could thus grant him 30,000 euros. Judgment on October 20 therefore. Knowing that, still with the same company, four restaurant employees, dismissed by SMS in July 2020, previously obtained a total of €70,000 in compensation.

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