Hacker News new | ask | show | jobs
by DocTomoe 1297 days ago
I am fairly sure you mean 614 BGB - and that only defines that payment is due "after the service has been rendered", but not "immediately after the service has been rendered".

The German language, especially in legal texts, is a weapon.
1 comments
fsw 1297 days ago
> If remuneration is assessed by time periods, then it is to be paid at the end of the individual time periods.

"time period" = "month"

link
DocTomoe 1297 days ago
Your translation is unprecise:

> Die Vergütung ist nach der Leistung der Dienste zu entrichten. Ist die Vergütung nach Zeitabschnitten bemessen, so ist sie nach dem Ablauf der einzelnen Zeitabschnitte zu entrichten.

translates to :

Remuneration shall be paid after the services have been rendered. If the remuneration is calculated according to time periods, it shall be paid after the expiry of the individual time periods.

"after the expiry" != "immediately after the expiry". It can be one second, or a year. 614 BGB clarifies that you are not entitled money BEFORE you have rendered your part of the contract.

link
fsw 1297 days ago
> "after the expiry" != "immediately after the expiry"

That's actually exactly what it means. Immediately after the end of the time period, the employee is entitled to the money and the employer has to pay interest for each day after that.

link
DocTomoe 1297 days ago
I would suggest to talk to your company's legal representative. You may be surprised.

The legalese for what you describe would be "mit Ablauf des Zeitabschnittes". Which is NOT in the legal text here.

link
fsw 1297 days ago
The LAG Köln disagrees with your interpretation:

> (...) Im Falle des verstetigten Bruttomonatsentgelts tritt diese Fälligkeit gemäß § 614 Satz 2 BGB nach Ablauf des Zeitabschnittes, bei einer Monatsvergütung also nach Ablauf des jeweiligen Monats, ein. (...) [1]

This means the payment is due as soon as the month is over and according to § 286 (2) 1 BGB, the employer is immediately in default

[1] https://openjur.de/u/2172897.html

link
cedilla 1297 days ago
With that interpretation, salary would /never/ be due.

This is settled law. This has been settled law when people still got their Lohntüte at the end of each week.

link