By: Anne Mette Omø Carlsen Photo: Private
Polish Tomasz Tomczuk came to Denmark in 2020 and started working for the temp agency Adecco. Tomasz is working with the establishment of the Sydhavns subway, at the station and in the tunnel. The work is covered by the Construction and Civil Engineering Agreement, and therefore Tomasz joins 3F BJMF.
- I heard about 3F from friends and family, and therefore signed up when I started working on the metro, says Tomasz, and it turned out to be important for the 43-year-old concrete worker.
Error upon error upon error
Tunnel 3 on the metro is about to be finished, as Tomasz does not get a new job and therefore contacts the unemployment fund for help in finding a new job. Through BJMF, Tomasz has participated in Danish lessons, and is happy to work in Denmark. As Tomasz only speaks a little Danish, he is assigned a Polish interpreter from BJMF, Katarzyna Szczygiel, and it is she who helps Tomasz further and gets his papers sent to the union officers who will unfold the case.
- When I enter BJMF, they start to wonder about various errors in my payslips, and I therefore come back with a huge stack of documents, says Tomasz. The union officer quickly discovers that no travel allowance has been paid, and one thing in particular catches his eye: namely the dismissal of Tomasz.
BJMF requests a mediation meeting and arbitration regarding all the errors in Tomasz's salary payment, and they enter into a settlement in which Adecco agrees to pay travel allowance, overtime and for not complying with the termination provisions. In total, Tomasz Tomczuk will receive a back payment of around DKK 50,000.
Termination causes a stir
- What we notice most about Tomasz's case is the termination. Tomasz has had many temporary jobs at the temp agency, and you can't simply disregard the termination provisions in our collective agreement with such a maneuver, says union officer at BJMF, Mogens Larsen.
Over the course of 1½ years, Tomasz has had as many as 16 so-called affiliation agreements with Adecco, which means 16 fixed-term/temporary employments.
Tomasz Tomczuk's papers also show that he has not received the correct payment of travel allowance. Adecco claims that they do not have to pay it out as Tomasz uses the bus and train. However, it is clear after the mediation meeting that Adecco cannot avoid paying the compensation, and Dansk Industri recognizes that, regardless of the mode of transport, travel compensation must be paid if the company does not provide a vehicle.
Poland, Denmark, Norway, Germany
- I am very surprised by all the mistakes. When I came to Denmark I felt very safe and did not think at all that I could be cheated. I am therefore very grateful for the help I have received from BJMF, says Tomasz.
After working on the Sydhavnsmetroen, in September 2022 he is persuaded by some friends to go to Norway and work. But the job was temporary, and after a month Tomasz is again seeking a job. Right now Tomasz Tomszuk works in Rostock in Germany. Tomasz sends a greeting to the BJMF and says: “Thank you very much for the help, it is so important that we help each other”.
Caption: Metro worker Tomasz Tomczuk was cheated by the temp agency Adecco, and was helped by the union to get compensation.