Can the boss cut the salary?

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For employees, it's the absolute horror: The boss tells you that your salary has been cut. However, he may only reduce your salary under certain conditions.

Of course, your boss can do that for you salary do not shorten for no reason. However, there are ways in which your salary can be cut. In any case, check carefully whether your cut in salary is legal and what you can do about it, if necessary. Often companies do not act according to the law here.

Salary is specified in the employment contract with the boss

You are sure to have one before starting work with the company employment contract closed, which also specifies your salary. A bilateral contract, like an employment contract, cannot be changed by either party, in this case the company. That is why you will usually receive a notice of amendment if your contract is shortened. This means that your employment contract will be terminated and at the same time you will be presented with a new employment contract in which the new salary is noted. But your boss can only terminate your contract if the dismissal protection applies.

Prevent salary cuts through dismissal protection

If you are affected by a change of termination, you can take action against the reduction of your salary due to the dismissal protection act. However, please note the following aspects:

  • The protection against dismissal only takes effect if you have been with the company for more than six months, before that you have no protection against dismissal.
  • the termination must be socially justified. It is when there are reasons in your person to justify such. This is usually the case when you do a bad job, for example. Your boss has to prove it to you.
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  • The protection against dismissal does not apply, however, even if urgent operational requirements prevent continued employment. This is regularly the case when the company is financially bad and it simply can no longer afford your salary.
  • A reduction in salary due to union membership is in principle ineffective and covered by protection against dismissal.
  • You can easily accept the cancellation of amendment provided that the cancellation is not socially unjustified. However, note the deadline here § 2 KSchG.

In no case do not let your cut in your salary discourage you. Check that it was lawful and take action if necessary. In an emergency, consider whether a change of job might be appropriate after your salary has been cut. In the best case scenario, the horror turns out to be a stroke of luck.

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