Breaches of obligations under labor law

The violations of obligations by employees and employers generate a not inconsiderable economic damage and are as old as labor law itself.

The violations take place here on both sides! In the case of an intended enforcement of the law, however, it must be clear that following the rules of burden of proof, the evidence must be strong enough to obtain a conviction of the other side. It should also be noted that experience has shown that the socially weaker party, usually the employee, has a slight advantage here. For these reasons, the quality of the evidence (evidence must be admissible in court) is of particular importance.

Due to the current situation with Covid19, the home office is gaining popularity - an increasing number of employees currently work more often within their own four walls than at the employer's premises. However, it is usually underestimated that labor law, rights and obligations apply here as well, both for employees and employers. In the enforcement of its rights, the employer faces additional challenges here. The "home office" is usually located in the employee's private residence/private home, which allows for supervision only to a limited extent.

Where can we help you here? We have summarized a few exemplary violations for you:

On the employee side:

  1. false working time records
  2. sick leave abuse
  3. unauthorized secondary employment or "bungling".
  4. embezzlement and stock thefts
  5. violation of non-competition agreements
  6. mobbing in all its forms

On the employer side:

  1. failure to pay overtime/overtime and mileage for use of private vehicle.
  2. refusal to pay wages during vacation/sick leave.
  3. unauthorized constant surveillance with cameras, etc. of employees.
  4. mobbing in all its forms.

We, the Sentinel Group, can assist the injured party with all our expertise and experience in clarification and evidence gathering (often observations lead to the goal), to provide the legal representation with the necessary information, which it needs for legal enforcement.

In case of success, the costs incurred for this are recoverable, enforceable against the opposing party.

We offer a free initial consultation - in person or via videoconference - during which we will discuss your company's challenges, with possible solutions.  
Do not hesitate to contact us if you have any questions! You can reach us by phone at +43(0) 02167 405041 or by mail at mail@sentinel-group.com.