member of the Danish parliament for the Danish people's Party, Kim Christiansen, praising the Danish model of bargaining and orderly conditions on the labour market during his fight against kørselstjenesten Uber.
But on the transportordførerens own restaurant in Mariager rejected DF-the politician in august to pay sickness cash benefits when a contract employee was sick.
this is Why he now ended up in a dispute with the trade union 3F.
Here do you believe that the 23-year-old former employee Christinna Jereminsen have been cheated out of approximately 15.500 dollars in statutory sick pay, after she in august was on sick leave from the Restaurant Á Porta with stress.
The combined pub and restaurant in Mariager owner Kim Christiansen, together with his wife, member of the Danish parliament Pia Adelsteen (DF).
– Kim believes that his company is too small to have to pay out sickness benefits during illness. So I have been scammed for the sickness allowance at 116 dollars per hour during my illness, says Christinna Jereminsen. the (the article continues under the faktaboksen)
Fixed or resolved work with Kim C.?
According to Kim Christiansen was Christinna Jereminsen just loosely employed. But of the employment contract - which can be read in the bottom of the article - it appears that bl.a.:
at three months had a 30-day notice period and may not have sideline to the other, either paid or unpaid.
working hours are about 30 hours per week, with opportunity for full time. Overtime to be expected.
highest working hours. The work takes place in the time period. 10 to 03.
to work overtime without notice.
by working overtime or for work on weekends or on public holidays. The hourly wage rate was 138 dollars no matter the time of day.
pension collection, no extra days off – no pay during illness, children's first day of sickness or maternity.read more Close
She joined 3F in august. Now has the trade union made a claim against Á Porta about the lack of sick pay which an employer has a duty to pay for up to 30 days, when an employee gets sick.
– We are ready to summon him. Kim Christiansen has broken the law on sickness benefits, so now we travel requirement that he must pay 15.500 kronor in sickness benefits to Christinna. He claims that, according to the employment contract only involves a loose employment. But, for example, got Christinna in may sent rosters from Pia Adelsteen, who handed over to the end of august. It is not to be løsansat, says the academic secretary in 3F, Karsten Mølgaard Sørensen.
– most employers know that they have some obligations towards their employees. But I interpret it as Kim Christiansen did not think he even need to follow the law, continue the professional secretary.
According to Christinna Jereminsens employment contract with Kim Christiansen has she not entitled to wages during illness.
it says the sickness benefits act: ’An employee who does not get paid their full salary during the illness, has the right to sickness benefits from the employer for 30 calendar days from the first day of absence’.
***Kim C. refuse to pay: ’All their fagforeningslort’
– I close the better the restaurant, than I spend my life on the 3F and hysterical girls, who do not bother to work. Karsten Sørensen from the 3F has deep debil.
How does it sound with the usual bramfrihed from Kim Christiansen (DF) on Christinna Jereminsens claim for sickness benefits. It is frankly just something ’fagforeningslort’.- We want to keep on the Danish model. We do not want the total wild west system. During the debate on the Uber fought Kim Christiansen of agreements and orderly conditions in the taxabranchen, but he will not even draw the agreement and denies that his former employee had claims on the sickness benefit. Photo: Parliament TV
- 3F has a hidden agenda, because I do not want to take out a contract with them. No other restaurants in town have it. This is only interesting because I'm sitting in the Danish Parliament. So, calling the Extra Leaf.
- You have the right to sickness benefits, if you work on a fixed contract?
- No. It has not. She has not been in a permanent employment relationship. She is not a full-time employee.
She had, of course, a real contract of employment. There is, for example, in the contract, that she must not work for the other. The notice period is also described in the contract?
- Yes, but there is also that she does not get salary during the illness. She gets paid for the hours she is in the company. It is quite normal practice.
- the Law on sickness says: ’An employee who does not get paid their full salary during the illness, has the right to sickness benefits from the employer in 30 days’. It goes well for you too?
- This applies to permanent employees. In the moment she arrives sick, she is not in a roster longer. What hours will I have to pay sick pay for? It is, indeed, not a few hours to go out from, when she is not there. That is loosely employed.
- In had a roster. She is well work the days where she stood in the plan?
- No, because we made another roster at the time, where Christinna was pulled out. We can't have a sick leave standing on a roster. Is how it is.
- I just find it hard to understand, you are saying that she is not employed, when she has a very detailed employment contract.
- When she is not employed in fixed guards, so can I damn it not pay her sick pay.
she Had not been given a roster for the entire season already in may?
- Yes, it must, as we know. Probably not for the whole season. According to the law, we must have some rosters, which spans a little more than two days.
- And when she gets sick, she must not have sick pay for the days where she is vagtsat?
- No, that she should not. We'll take her out of the plan. And when you are not at work, so you get no pay. That's how it is. I have not found the 3F's requirements documented. If the case goes to court, then we take the also there.
- It will be exciting to follow.
- 3F, they do not have a case. She must not have sick pay, when she is not employed at the fixed time. So can 3F come with all their fagforeningslort afterwards.
***I was picked up in the ambulance
5. august got Christinna Jereminsen according to a statement from 3F only pay for two hours of work in the restaurant Á Porta, who is the property of DF-pair Kim Christiansen and Pia Adelsteen.
Around at 11 o'clock in the morning, she was picked up by an ambulance and driven to the hospital in Aalborg.
Christinna Jereminsen in front of the restaurant Á Porta, where she was on sick leave in august. According to the 3F was she had had good 15.500 dollars in sick pay, but it is DF's Kim Christiansen disagrees. Photo: René Schütze
- I got heart palpitations and was dizzy. Finally I could almost not stand on my legs. The doctors at the hospital could not come up with a better bid than stress. The day after I was at my own doctor. She believed that it was work-related stress, explains Christinna Jereminsen, then there are people for 14 days.
After a single day back on the job was the 23-year-old again on sick leave - and said up a few days later.
Christinna Jereminsen think, she succumbed to working conditions on Á Porta, where she began in the month of april in the year.
the Room is open 11-22 on weekdays and till 02 in the weekend. The adjacent smørrebrødsrestaurant is open from 12-17.
- When you stand there alone, so to make food, serve it, provide the drinks to the guests in the bar and wash up. To render back and forth in shuttles. Some days on the 12-13-hour shifts, where you had time to sit down and keep the dinner break. Often were the schedules made. So, you might sometimes encounter into a seven hour shift, which was made about 12 hours, says Christinna Jereminsen, who has two small boys on button one and three years.
below you can read the employment contract, as Kim Christiansen and Christinna Jereminsen entered into with effect from 1. april 2018. In the contract stated that there has been a three month probationary period and notice period is 30 days. The employee may, for example, does not have the sideline. Despite it believes Kim Christiansen is not that there is a permanent positions. Christinna Jereminsen and 3F disagree.
the Law on sick pay
section 30. An employee who does not get paid their full salary during the illness, has the right to sickness benefits from the employer for 30 calendar days from the first day of absence. Arbejdsgiverperioden 30 calendar days will not be renewed, although in the period occurs, public holidays, holidays, industrial dispute el.etc., that can interrupt the payment of benefits.
the first Paragraph. 2. The right to sickness benefits from the employer is subject to the employee on the first day of absence
1) has been employed continuously in the last 8 weeks before the absence with the employer in question and
2) in this period has been employed with the employer for at least 74 hours.