germany workplace
Reporting exzessive requested and unrequested overtime during Furlough
<p>At least half of our current staff is on furlough(Kurzarbeit).
I am living in Germany and our employer is requesting exzessive amounts of overtime while we are only allowed to work 20-50% of our usual time.</p>

<p>We all receive Kurzarbeitergeld but we were asked to put in way more time than usual. To "make up for the rough time" and we are not allowed to track this time. I am constanly receiving emails and notification later than 10pm.</p>

<p>How do i proceed to protect myself and or report this to the appropriate authorities?</p>

<p>Edit: not sure if this is the appropriate Board to ask this question, if not you may direct me to an appropriate one.</p>

<p>Working more than allowed during furlough is technically &quot;Schwarzarbeit&quot;. So the <a href="https://www.zoll.de/DE/Fachthemen/Arbeit/Bekaempfung-der-Schwarzarbeit-und-illegalen-Beschaeftigung/bekaempfung-der-schwarzarbeit-und-illegalen-beschaeftigung_node.html" rel="nofollow noreferrer">Finanzkontrolle Schwarzbeit</a> at the Zoll is responsible for the persecution. You can find the Hauptzollamt for your place on their <a href="https://www.zoll.de/DE/Service/Dienststellensuche/FKS/Schritt_02/_function/Dienststellenfinder_Anliegen_FKS_Formular.html" rel="nofollow noreferrer">website</a> and report the facts to them. According to <a href="https://www.spiegel.de/wirtschaft/soziales/corona-krise-der-schmu-mit-der-kurzarbeit-a-6284e8a0-be2d-4519-b93b-a70e819d8f6f" rel="nofollow noreferrer">media</a> <a href="https://www.tagesschau.de/investigativ/kontraste/kurzarbeit-betrug-101.html" rel="nofollow noreferrer">reports</a> the Zoll investigates currently specially on fraud in context of furlough.</p>
<p>To ensure your rights against your employer because of the possible breach of your contract, contact a lawyer specialised in working law.</p>
<p>Maybe most important: Document all facts around the possible fraud! Both the Zoll and you need evidence at court.</p>

<p>Your employer is skating on very thin ice here.</p>
<p>There is nothing that can stop you from recording work requests, and from recording work that you performed. I recommend you do that, and all your colleagues do. Maybe you don't want to take action right now, out of fear that you might lose your job etc.</p>
<p>But then the company should remember that every employee will one day be an ex-employee. And when they become an ex-employee, there is nothing stopping them from going to the Finanzamt with all the information that they have, which will lead to huge bills, fines, and possibly criminal charges against the company.</p>
