traffic and transport

The bus driver needed to accumulate his wages by way of the courts. Mostphotos

The dispute regarding unpaid wages turned very costly for a Northern Finnish transport firm.

The bus driver had demanded a wage receivable of 14,000 euros from the corporate. Once they did not hear again, he took the matter to courtroom. The District Courtroom of Lapland determined the case in favor of the motive force, with the outcome that the transport firm and its agent needed to pay not solely the wage receivables but in addition the courtroom prices, which rose to virtually 100,000 euros.

The wage dispute was about the truth that the transport firm had not stored correct information of working hours. It ought to have drawn up a written checklist of labor shifts at the very least every week prematurely and likewise stored information of time beyond regulation, emergency and Sunday work, amongst different issues.

Nevertheless, the employer had solely introduced the shifts on Whatsapp and verbally. The district courtroom didn’t contemplate this adequate. The employer claimed in courtroom that he had began making shift lists in writing, however no correct clarification was present in courtroom.

A thousand hours in 4 months

In response to the corporate, the work time accounting was achieved with the assistance of tachograph disks. Nevertheless, the district courtroom didn’t contemplate that they met the necessities of the regulation for correct accounting. As well as, a few of the vehicles had digital recorders, so it might not even have been potential to indicate the whole working time with cardboard disks.

The bus driver had labored the disputed working hours in the course of the 4 months of 2019. After that, he resigned from the corporate. He himself had stored a document of his personal working hours, and in accordance with his calculations, that they had collected just a little over a thousand. He had obtained a wage for just below 500 hours.

As well as, in accordance with his calculations, there have been loads of several types of compensation unpaid. Amongst different issues, he had labored as much as 17-hour days, for which time beyond regulation compensation was unpaid.

Referring to case regulation, the district courtroom discovered that if the employer has uncared for his obligation to maintain work time information, the worker has the best to time beyond regulation and different compensation based mostly on his personal information. That is on the situation that the employer can not show the worker’s accounting to be unreliable or incorrect. On this case, the district courtroom discovered the bus driver’s accounting to be dependable.

Costly litigation

The courtroom ordered the transport firm to pay the bus driver roughly EUR 14,300 in employment claims. Nevertheless, authorized prices turned considerably dearer.

The driving force demanded that the employer and his assistant pay collectively and severally EUR 82,000 for the prices attributable to the lawsuit. Investigating the matter had taken him lots of time. The courtroom accepted the declare.

The bus driver thought of that the employer’s lawyer had dealt with his work so passively that the trial had dragged on. The district courtroom ordered the assistant to pay 20,000 euros for the prices collectively with the entrepreneur. As well as, the employer was liable for his personal bills, which had been roughly 17,700 euros.

The employer appealed the case to the Courtroom of Enchantment, however then withdrew his attraction. Due to this fact, the judgment of the district courtroom remained in drive with the current determination of the Courtroom of Enchantment.