2023-07-16 10:00:16
Linz (OTS) – Terminated on sick leave and then withheld commissions for his sales activities – that happened to an employee from the Vöcklabruck district. With the help of the AK, the man received almost 69,000 euros following two stressful court proceedings that lasted a good ten months. “This great success of our experts shows that it is worth taking legal advice and seeking advice from the nearest AK district office,” says AK President Andreas Stangl.
A man from the Vöcklabruck district worked for his company as a salesman for more than three years. During a properly reported sick leave, he received a notice of termination from his employer in the mail. A hard blow for the 60-year-old. A week later, his boss also wrote to him that all commission claims for 2021 would be recalculated with a fixed commission rate. The reason: no valid commission agreement was concluded for this calendar year. There was no written agreement. Accordingly, an amount of EUR 21,278.52 starting in January 2022 would be offset once morest commissions not yet paid out and a one-time premium of EUR 2,000.
Since the employer’s offer was not acceptable to the person concerned, the Chamber of Labor sued for the commissions from 2022. In addition, all sales completed by the former employee from the 2021 calendar year were checked once more. The legal advisors of the AK found that commissions for a further 18 sales transactions had not been paid out. The AK also sued for the resulting amount of EUR 41,109.27.
After the first court case had ended with a final judgment in favor of the employee, the former employer also paid the commission payments demanded in the second case. Including interest, AK was able to fight for 68,778.45 euros for the man in court.
“Another case that shows how important it is to put agreements with the employer in writing and to contact the AK quickly in the event of legal ambiguities,” says AK President Andreas Stangl.
Questions & contact:
Chamber of Labor Upper Austria – Communication
Mag. Dominik Bittendorfer
+43 (0)664-8237978
[email protected]
ooe.arbeiterkammer.at
1689543422
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