(edit title) JYSK rejected to pay for my work Who is charge to protect me? Options

[maric52]

As an asylum seeker I was working in JYSK department store in Bollnäs 124 hours, SEK 120 per hour after all tax. I submitted the requested documents, such as CV, working licence and personal number. Unfortunately, a director of store rejected to pay for my work.

I offered to JYSK Denmark and JYSK Sweden to solve a problem out of public and institutions. Both companies ignored my proposition. Then I sent tens of fax and email messages to most relevant Swedish officials, Unions, media ... asking to help me. After two weeks it's a total silence of whole Swedish Authority and Media. I still do not know who is in charge to protect and help me.

Maybe I will get answer here.

Best regards,
Dragan Maric

[mångk]

Probably best not to name the employer so openly on a public forum to start with.

Anyway.

What were the terms of the contract as they appear on paper?

What is the reasoning given denying your 'pay' by;

a- the manager at the store &,

b- the head office when you contacted them?

Was the position obtained via praktik?

From there I can direct you to the appropriate place, however I think your best bet is to get the opinion of a lawyer.

[Puffin]

Did you sign a contract that this was a paid job - or was this unpaid praktik organised by Arbetsförmedlingen?

[Puffin]

does it strike anyone that "SEK 120 per hour after all tax" sounds high?

[Rick Methven]

Shhh don't spread it around, Or everybody will be queuing to get a job at JSK at 160kr an hour bruto

[teslar]

does it strike anyone that "SEK 120 per hour after all tax" sounds high?

I'm not sure - at FTE, that would work out to 17k a month (after tax), no? Without knowing more about the job, it's hard to say whether that's high or not but it doesn't sound completely outlandish to me.

[maric52]

Probably best not to name the employer so openly on a public forum to start with. Was the position obtained via praktik?From there I can direct you to the appropriate place, h ... (show full quote)

Probably best not to name the employer so openly on a public forum to start with.
Was the position obtained via praktik?
From there I can direct you to the appropriate place, however I think your best bet is to get the opinion of a lawyer. ... (hide full quote)

I have nothing to hide. As I already wrote, this case is reported to the officials and media two weeks ago.
It was not in praktik. I was assembling furniture.
It's impossible to hire a lawyer. My daily "income" from Migrationsverket is SEK 71 per day.

Did you sign a contract that this was a paid job ...?

I have no contract, because a director avoided to sign it for days.

does it strike anyone that "SEK 120 per hour after all tax" sounds high?

Maybe I interpreted in wrong way: my obligation was to report received money to Skatteverket in order to pay tax.

[mångk]

I have nothing to hide. As I already wrote, this case is reported to the officials and media two weeks ago.It was not in praktik. I was assembling furniture.It's impossibl ... (show full quote)

I have nothing to hide. As I already wrote, this case is reported to the officials and media two weeks ago.
It was not in praktik. I was assembling furniture.
It's impossible to hire a lawyer. My daily "income" from Migrationsverket is SEK 71 per day. ... (hide full quote)

You can take contact with a lawyer, generally they will give the first 15 minutes free. They 'can' also apply for legal aid and request waiving of the compulsory fee (which is around 1640 kr).

There are also some lawyers that assist in certain circumstances free and are usually referred to by NGO's.

I have no contract, because a director avoided to sign it for days. . Maybe I interpreted in wrong way: my obligation was to report received money to Skatteverket in order to pay tax.

You could request the employer provide evidence that they have paid the taxes on the work. As an employee it is not you who sents the monthly tax to Skatteverket it is the employer who is responsible to withhold the tax. If they refuse then and you reasonably suspect that the employer may be doing something naughty in relation to the tax, like not paying it. You could always contact
http://www.ekobrottsmyndigheten.se/en/

What was the reason your boss gave you for not paying you?

[maric52]

There are also some lawyers that assist in certain circumstances free and are usually referred to by NGO's.. What was the reason your boss gave you for not paying you?

No explanation from his side. Some Swedish told me such practice is a very spread in last few years.
Could you count a couple of most influental NGO's?
Thanks a lot for given link. It seems it is a proper place for my case.

[Yorkshireman]

Sorry to hear that You have been used unfortunately this is growing in frequency in Sweden.

According to LAS (Sweden's employment protection law) an employer has 4 weeks from when You start to provide You with an employment agreement that also includes things like starting salary, vacation, duties etc...

Quick math assuming a 40 hour week, means You worked for 3 weeks, which would kind-of fit with the pattern. It appears they have done it on purpose

If you have any other communications, emails etc... between You an the employer that can give even the hint that they were going to employ you, print them out and go to a lawyer. If You only have word of mouth, even though in Swedish law this is binding, it is very difficult to prove.

[mångk]

No explanation from his side. Some Swedish told me such practice is a very spread in last few years.Could you count a couple of most influental NGO's?Thanks a lot for give ... (show full quote)

No explanation from his side. Some Swedish told me such practice is a very spread in last few years.
Could you count a couple of most influental NGO's?
Thanks a lot for given link. It seems it is a proper place for my case. ... (hide full quote)

http://www.redcross.se/detta-gor-vi/i-sverige/

They will be able to refer you to other NGO's if they are not able to assist directly.

There is a translate button top right hand of the page if you need it.

[Yorkshireman]

You could request the employer provide evidence that they have paid the taxes on the work. As an employee it is not you who sents the monthly tax to Skatteverket it is the emp ... (show full quote)

You could request the employer provide evidence that they have paid the taxes on the work. As an employee it is not you who sents the monthly tax to Skatteverket it is the employer who is responsible to withhold the tax. If they refuse then and you reasonably suspect that the employer may be doing something naughty in relation to the tax, like not paying it. You could always contact
http://www.ekobrottsmyndigheten.se/en/ ... (hide full quote)

I don't believe this is possible. There was no actual pay for work, therefore there was no tax liable.

[mångk]

Not paying someone wages is usually a civil matter.

Not paying taxes on the other hand or any type of black labour is criminal in so far as it goes towards avoidance of the taxes, book-keeping, employment laws and so on.

From my SFi days and what Ekobrottsmyndigheten stated then they are focusing on this type of activity.

From their website: Economic crime in the black sector Crime in the black sector has been prioritised and special efforts have been made to stop ongoing advanced crime and other crime that damages society. Intelligence-led work in cooperation with the Swedish National Tax Board and other authorities that combat crime has enabled an increasing number of cases of very serious crime to be investigated and legal proceedings to be taken.

At the same time, the less advanced crime in the black sector has been investigated and legal proceedings taken by Mängdbrottsenheten (crime assessment office) quickly, legally and efficiently.

They will likely refer the matter, but if they do it will likely be investigated.

[Yorkshireman]

Not paying taxes on the other hand or any type of black labour is criminal in so far as it goes towards avoidance of the taxes, book-keeping, employment laws and so on.

Yes. You are correct. However, here the point is that the OP was not paid. The difficulty is proving he was employed at-all, and under what terms, maybe the employer claims there was a verbal agreement of a trial without pay?

Tax is only due to be paid on wages paid ... no wages = no tax due. even employers avgift of 31.4% of 0 = 0.

The Black Labour question is a little harder, for the OP he has to be able to show that He was employed, if He can do that, then He will also be able to recover the back-pay etc... And that would more likely be since the employer broke LAS, possibly a Collective agreement, and possibly MBL also.

[Puffin]

Why is OP getting subsistance money from Migrationsverket if he was employed at Jysk? or did that stop when he found the job

I thought that there were special procedures for asylum seekers to work legally? - it is not automatic as asylum seekers do not have the right to a personal number