Unpaid illegal work ...

[beksu]

Hi,

I don't know exactly where to post this, so I'll start here :
I worked in Helsinki in a restaurant, meanwhile I applied for a work permit based on a contract I had with that restaurant. (So I didn't have the right to work when I was waiting for the answer); after almost 3 months they rejected my application, and I gave up working. But the owner didn't pay me for almost 450 hours .. I have all proofs (e-mails where he is asking me to send my hours, and that he ll pay me, and then mentioned that he won't after me insisting) .. I now have a residence permit in Finland for one year; If I ll take the case to the court, will I have problems with the Finnish system ? as I worked Illegally during that time .. what can I risk ? and specially that I ll be renewing my residence permit next Feb, will that cause me troubles in doing it ?

I ll go and see a lawyer soon, but I would like to know your opinions about this .. Kiitos

[rinso]

Illegal work is reason for cancellation of a RP. If you didn't tell you worked illegally in your second application it is falsifying information and that can also cost you your RP.
So yes there is a risk if you go to court.
And don't think they don't find out if you don't mention it in court. One phone call from your former boss to the police and you will be investigated.
So threatening him with a court suite can already trigger a problem.

I think you're screwed. As illegal worker you have no rights.

[betelgeuse]

Illegal work is reason for cancellation of a RP. If you didn't tell you worked illegally in your second application it is falsifying information and that can also cost you your RP.
So yes there is a risk if you go to court.
And don't think they don't find out if you don't mention it in court. One phone call from your former boss to the police and you will be investigated.
So threatening him with a court suite can already trigger a problem.

I think you're screwed. As illegal worker you have no rights.

The OP does have some rights. He is entitled to be paid his wage. This is evident from the Employment Contracts Act (not all amendments possible included):

http://www.finlex.fi/en/laki/kaannokset ... 010055.pdf

Section 8 (451/2012). Sending back-payments and duration of employment
The employer shall be liable to pay the costs arising from sending back-payments to the country to which an employee referred to in section 1 has returned or has been returned.
An employment relationship of at least three months is presumed unless the employer or the employee can prove otherwise.

Your lawyer is better positioned to evaluate the whole picture. In terms of Aliens act you have committed a crime for which a fine is due in the minimum:

https://www.finlex.fi/fi/laki/ajantasa/ ... 01#L12P185

[AldenG]

How clear is that, since the contract/transaction itself was illegal?

If a bank robber made a written contract to pay an accomplice by the hour for his assistance, and they got caught, could the accomplice get that agreement enforced in court?

If this restaurant owner (or anybody else) made that phone call, how serious would the fallout on the restaurant owner be?

[betelgeuse]

How clear is that, since the contract/transaction itself was illegal?

Both the employer and employee were at fault. Since they were equally at fault I think it's reasonable that the employee gets paid normally by the employer (and both get fined by the state).

If a bank robber made a written contract to pay an accomplice by the hour for his assistance, and they got caught, could the accomplice get that agreement enforced in court?

I don't know.

If this restaurant owner (or anybody else) made that phone call, how serious would the fallout on the restaurant owner be?

http://www.finlex.fi/en/laki/kaannokset ... 040301.pdf

In Section 186:

shall be sentenced for employer’s violation of the Aliens Act to a fine, unless a more severe punishment for the act is provided elsewhere in the law.

[rinso]

The OP does have some rights. He is entitled to be paid his wage. This is evident from the Employment Contracts Act (not all amendments possible included):

Yes off course. What I meant was that violation of his right by the employer doesn't guarantee a positive outcome on a possible RP discussion. And by fighting for one right he can loose an other.

[cors187]

Hi,

I don't know exactly where to post this, so I'll start here :
I worked in Helsinki in a restaurant, meanwhile I applied for a work permit based on a contract I had with that restaurant. (So I didn't have the right to work when I was waiting for the answer); after almost 3 months they rejected my application, and I gave up working. But the owner didn't pay me for almost 450 hours .. I have all proofs (e-mails where he is asking me to send my hours, and that he ll pay me, and then mentioned that he won't after me insisting) .. I now have a residence permit in Finland for one year; If I ll take the case to the court, will I have problems with the Finnish system ? as I worked Illegally during that time .. what can I risk ? and specially that I ll be renewing my residence permit next Feb, will that cause me troubles in doing it ?

I ll go and see a lawyer soon, but I would like to know your opinions about this .. Kiitos

Probably the owner already had a black mark against him or the company and thats why your contract didnt mean anything to migri.

[Rosamunda]

You were a bit crazy to work for sooooo long (450 hours? That should be over two months' work) without being paid. But... the only way he could've paid you was (illegally) in cash since you were not in the system. And if he had back-paid you, then I'm not sure how that could've been done (with KELA deductions etc). it was never going to happen.

Probably better to forget the whole thing and just be grateful for what you've got. It's tough, but at least you now have the right to work legally.

[Tullynessle Turnip]

Leave a horse's head outside your previous employer's front door. Better still, in the restaurant kitchen - and then inform the health authorities!