Hello,
I know this is a hackeyened topic here. But my company informed me something that is misleading or outright lie.
Here is the situation.
I lost my job last month and can work till this year end. I have a visa that says Die Aufenthalerlaubnis wird ungültig mit beendung der tätigkeit als IT- Fachkraft bei der firma MY_FIRMA_NAME......
When I went to AA they refused to register me for Arbeitlosgeld.
When I informed the situation to my firm, my firm said I will get all the money I contributed towards Arbeitlose insurance.
is it true ?? Or they somehow want to fool me?
What are my options :
1) Take the firm to court?
2) Fight with AA for money since I have contributed 4 and half years.

I do not mind leaving Germany, if I receive my contribution of arbeitlose insurance like my pension contribution.

Any suggestion is welcome.

Thanks a lot in advance.

Regards,
Job looser

If you have loose your job and you got Kündigung from your company you can got to AA and they have to give you arbeitsloosingeld(but only if you had worked in Germany more then 12 months).
Going to court, I asume will cost you a lot of money and you have to go on your own risk (with lawer afcorse).
Yes there is a law wich say that the contribute money (from pension fond) must be returned, but only if you live Germany for ever and you have 59 months contribution...even 1 day leading in 60 months contribution - then you have no rights for claiming money up.
About your visum...couse you are 4,5 years you have right and they must give you another visum according the law, as I know.
If you had money then search an lawer, couse german laws seems to be so complicated and are head over heels.
Best luck.

Now this is confusing me. I thought, pension contribution (rente) is returned back 2 years after you leave the country for ever, no matter how many months (50 or 100) you have contributed towards that. Also, it doesnot matter what type of visa you have (AE, NE) when you left. Not sure of GP though.

Can the experts please confirm it?

@joblooser

There maybe a possibility they rejected for AL-Geld because you will be still getting ur salary till end of the year from your company. So by first week of Jan if you apply again they will give u AL(Arbeitslosen Geld). If your company has paid ur Social-Insurance payement then u dont have to fight with AA, you will be eligible without any fight.

@tyagi

Getting your pension refunds depends on the your nationality and the country from where u are goin to apply for the refund. So you dont have to worry. This topic has been discussed a lot of times in this forum. So be patient and search.

Hi,
As long as your have worked in Germany more than 1 years under norrmal contract (i.e, not as freelancer which is not alllowed for foreigners anyway) then you are lawfully entitled to at least 3 months of stay and therby arbeitlosgeld.
Beyond that depends upon how long you have stayed in Germany and your financial and social situation.
A written kündigung with a possible reason is mandatory under current law. Arbeitsamt will ask you for this sometime later while filling the Arbeitlosgeld form.
Arbeitsamt may have asked you to come later since you are still employed. Please do not forget to register with no more than 1 week later. Failing to register on time has some penalties on receiving arbeitlosgeld.
Please clear things first with AA why they rejected your request for registration then think about other option ?

Thanks everyone for responding.
My question is still partly unanswered. Can some tell me if I will receive back the contributation towards arbeitlos insurance as my company is informing me. I am more tilted towards receiving back my contributation of arbeitlos insurance and walk out of Germany, than to extend the Visa and survive on arbeitlosgeld.

Thanks once again for the information.

Reagrds,
Job Loser.

No, you wont get ur arbeitslos money back. As in most of the insurance you dont get the money back just because u dont use it. You will be the real loser if u dont awail it.

You are right Raj.
But In my case, I am not entitled to avail the insurance. Limitations in my Visa says, I can not work for any other firm. I got to quit the country. Obviously, making me to pay for insurance I can never use, will amount to (il)legal extortion. This is Germany, not Banana Republic. I can expect decent justice here. The insurance never covered or reduced my financial risks. I will talk to Lawyer and look what does he say? I will post all the info for benefits of others.

BTW, Does any one know good laywer in frankfurt region who deal with foriegner issues ?

Regards,
Job Loser.

see, whatever states in the visa, you are legally entitled to AL-Geld. They will extend your visa to search for a job and you will be getting money from AA. Also they are very adept in sending some interviews your way( friend of mine lost his job and got interviews through AA). So you have to be a little patient. They cant legally deport you out of the country in a whim. But if it would calm down i am giving my lawyers info.
info@patterson-baysal.de . Though she does mostly Arbeitsrecht maybe she has some contacts who can help you. Maybe Trust7 lawyers can also take your case if you contact them. But mostly you are now jumping into conclusions without facts. Better wait till the end of your job and see what AA has to say.

"When I informed the situation to my firm, my firm said I will get all the money I contributed towards Arbeitlose insurance."

if you have patience, will not make serious mistakes and are ready for a several-years-lang disputes in courts of laws that will take place in Germany, you will get those money + the money you had to pay for your cases.

"What are my options :
1) Take the firm to court?
2) Fight with AA for money since I have contributed 4 and half years."

in order to estimate your options, please answer me one question: when your work contract was cancelled, that is when you received a corresponding letter from your employer?

in any case - if you want to stay in Germany and/or get any money from Arbeitsamt: locate your local Arbeitsgericht at once and be there on Monday in 9.00-10.00. every Arbeitsgericht has registrars that help you to make a corresponding initial claim vs. your employer, explain them your case so that they make that claim for you. Most surely that you will have to get a lawyer later, but now you just need to get a case running without loosing any time
Vorsicht: if your company employs less than 10 people, tell the registrar in Arbeitsgericht that you do not know the actual number of employees but most surely their number exceeds 20 people.



P.S. if you answer my question till tommorow evening, you will have my answer about your options till monday morning ... probably i will ask additional questions as well, your case is not easy



"There maybe a possibility they rejected for AL-Geld because you will be still getting ur salary till end of the year from your company."

Nope most surely it happened because of his residence permit. it becomes invalid when he loses his job -> he will not be available on the labour market -> he gets nothing from Arbeitsamt

but: if he has a claim vs. his employer running, he loses his job only when court of law reaches a decision about his claim ...

"i.e, not as freelancer which is not alllowed for foreigners anyway"

Not right. i work as one from February, officials know that and i did not become any problems ;)

that of course does not mean that every foreigner is allowed to work as a freelancer, everything depends on you and on what is written in your resisdence permit

"Please do not forget to register with no more than 1 week later."

??? he has to make a corresponding application next day after receiving cancellation of his contract. it seems that Arbeitsamt refused to process his application - as i said, his case is very interesting ;)



"I am more tilted towards receiving back my contributation of arbeitlos insurance and walk out of Germany"

if you walk out of Germany willingly NOW, you will get no money from Arbeitsamt



"I can expect decent justice here."

:o It seems you did not integrate in German community in 4,5 years ... You can expect decent justice here ONLY if you can defend yourself! ;)


"BTW, Does any one know good laywer in frankfurt region who deal with foriegner issues ?"

Such a lawyer will not be sufficient in your case. You need a lawyer that knows lots of things, not only foreigner issues ;)


"They will extend your visa to search for a job"

it will be even more interesting if they refuse to do so. and if he does not submit a claim vs. his employer in time, the possibility of such an outcome must be taken in a consideration ...

Thanks for all the replies. I will hire a laywer. I hope for positive outcome. I will keep posting here.
Thnanks once again.

Hi !

Have you checked your salary sheet , if you have paid Arbeitlos Insurance ?
There must column in our salary statement which states AL versicherung. If you are paying this then you will get back the money . If not, you can definitely take this firma to court, since every company is legally bounded to make contribution(50%) for Pension and Arbeitlos insurance irrespective of the VISA. Very few company will take such risk of not paying sozial
contribution.
From what I feel I think there is some mis-communication between u and AA. Show them your kundigung letter (ask your employee if you have none) and ask them what other documents do you need. Remember you have right to Arbeitlos geld if you are unemployed - irrespective of your VISA.

You will however never get Arbeitlos Insurance that you have paid. Thats because Arbeitlos insurance is non returnable. Its something like your car insurance - you dont get back insurance money if you sell your car.

Pension is something different (its your saving) and hence you will get 50% back if you leave Germany.

For lawyers you can use the Trust7 lawyers. I heard they are pretty good and specialized in this area.You should once again talk with your firma and AA and clear the issues on how you will get Arbeitlos geld. Going to court should be the last option not the first, since you will have to spend a good deal of time and money (around 300 - 800 Euro at least), which you will get back if you win the case.

@Arbeitlose

I have been in the same situaiton.

Tips!
AA refused me initially to get ALG. Also, they informed ABH and they in turn wrote me letter to clear whether I have got job or not.

But, thanks God, I got job within that period(1 month) and was able to satisfy ABH.

Later, I made a claim to AA(with a letter circulated in this Trust7) that GreenCard Holder will receive ALG and will not be sent back and will be given certain time to search job.

So, this letter(plus your German skills and to convince them) worked a bit. But, still there were problems that I claimed later. Any how, I finally asked them that should give me their answer in "Written form" and this worked fine and ultimately I was registered. My plea remained that they misguided me from the begining and did not registered me during my first visit.

So, most important thing for you is to register at AA. If they dont agree(becuase of your Visa-clause), then do it thru Lawyer.

Rest, I would advise you to search job meanwhile to extend your visa(NE, for example).

A.T

Just for the record - afaik, the question of withdrawing or transferring your pension fond money to another countries pension fund is nothing new and has nothing to do with visum questions.

These things are regulated through bilateral agreements between countries - so if your home country (or any another country) has such an agreement with Germany your pension fund can be transferred to the pension fond there. If there is no such agreement you can have the money transferred to you personally.

Hi,
As far as I know, and it is my situation, the law changed.
If you have 4,5 years working in Germany as an employee, your visa should not be connected anymore to a company and type of work. So, you have the right to ask for the Arbeitlosengeld, and more than that, you have the right to ask for an extension of your visa until you consume all the Arbeitlosegeld I. That will give you enough time to get a new job, and before you finish your visa (current or extension) you can apply to the permanent residence.

I can understand that in your passport appears that kind of visa and they follow the conditions of that stamping, but, that one, is the old one, based on the Green Card law, which have changed. I had befre one like that, and at the moment that I had to renew my passport at my country, and they had to stamp a new permision, they automatically changed, whithout asking anything from my side, simply because the law changed.

Cheers