Problems with employer about pay and service car
Hello to the Forum, my name is Petro and I'm 40 years old and do live in Muttenz, Basel Land for 2 years.
My problem: I was working for an employer (small Company) in Basel Land for 12 months until the contract expired end of march this year.
When I started the Job in February 2015 with my colleagu the son of the boss told me and my colleagu to rent an car in order not to use our own cars for the job. Later (weeks) I went with my colleague (from spain like me) to car rental service and we took the cheapest offer (20CHF per day). We did Call the boss Prior and he has given the OK for renting the car.
Together with my colleague we took the car from Basel and because of organizatoric reasons i did use the car until end of the job (not my colleague). The end of this job was crazy. In January i wanted to take my Holiday for 2015 and 2016 and my boss told me no. I have to work until end of february without rest. In Februar the goverment made inspection and did find out that we do work more than legal in Switzerland (6 days a week 12 hr per day but our time tracking not realistic). I told the truth to the inspector, my boss didnt like it and told me after the inspection i dont have to come anymore. He did not let me go anymore inside the Company for taking my belongings. He will destroy them he told. Thanx god i did find an job the same day.
In April i didnt get the pay of march and only after letter from me ( 3 reminder) i got only 800 CHF pay in Junre for the month march because of the reason 4000 CHF was taken because of the car?????. According to the boss me myself and i did use the car only for privat live not related to job. I could not proof that i did use the car for job because the "book" with marking where i did drive and when was on my desk in the Company where my boss told me never to come again. How to show evidence if i am not allow to go to my desk again? My college is still working in that Company and told me that the boss did destroy all my belongings. He is scared to tell the truth in order not to lose his job.
The Lawyer of my former employer did write to me an letter 2 weeks ago not to come ever back to the Company and contact any employee of them anymore. Furthermore provide evidence for what i did use the car. As far no evidence is given, the 4000 CHF will be not paid.
Why do I have to prove what I have done with the car?. In Spain told me a friend who is lawyer in spain the employer must prove why he does not pay your wages?. And then he has to prove that you have just made things so private with the car. How is the situation in Switzerland?