***Is it also possible that Employer can fire his employee without telling any reason ?

***If one employee get a notice of kündigung of 3 months when should he go to AA for arbeitloss first day of

***getting the notice or after 3 months ?

***Can kündigung from employer be back if he wants ?

***If there is no reason of kündigung and employee think its not fair can employee case on company.

***How much %percentage arbeitloss gehalt one employee can get of his salary if he is unemployed and his wife is studying.

***If one person is on GC and he marry with a german girl can he get visa from auslanderbehorde on the bases of his wife

***during his unemployement period or he must go to his home
country for getting visa if he has married just some weeks before his unemployement period and still not registered to rath haus ?

Have a look at this page. It shld answer most of Ur questions.

http://www.trust7.com/living_in_germany/faq

See my answers in NM:

***Is it also possible that Employer can fire his employee without telling any reason ? NM: Of course it is possible, but it is not legal. So U can approach a lawyer and get justified reasons for getting fired.

***If one employee get a notice of kündigung of 3 months when should he go to AA for arbeitloss first day of NM: What is AA? do u mean arbietsamt ? if yes, then You should go to Arbietsamt as soon as possible. As soon as U get the notice.

***getting the notice or after 3 months ?

***Can kündigung from employer be back if he wants ?

***If there is no reason of kündigung and employee think its not fair can employee case on company. NM: yes u can go to the court and file a case

***How much %percentage arbeitloss gehalt one employee can get of his salary if he is unemployed and his wife is studying. NM: look in the FAQ link above

***If one person is on GC and he marry with a german girl can he get visa from auslanderbehorde on the bases of his wife NM: yes. btw where do U come from ?

***during his unemployement period or he must go to his home
country for getting visa if he has married just some weeks before his unemployement period and still not registered to rath haus ? NM: look into the faq section.

Nitin Malhotra

Hi Nitin,

but if one go to see the AA as soon as he got his notice, won't they ask him to see directly the AB ?

I think that as he got a notice, he is officialy still employed and then should see the AA only when he got unemployed, am I wrong ? Because that's what I'm doing too, got my notice but been waiting for the day I will be unemplyed to see them. Tell me if I'm doing wrong.

D.

Hi D.

I read somewhere ( cant recollect right now ) that one is suppose to report the unemployment as soon as he gets the notice. and not wait for the 1st day of unemployment.

whilst U r in ur notice period, AS would not send u to the AB since there is no reason, simply because Ur visa would only be changed from the day U r unemployed.

I also read somewhere that it is one's obligation to report to AS asap U hear about ur unemployment.. means whilst U r in ur notice period.

And if U dont inform AS, the unemployment benefits could be negatively effected..

I am not sure about this, but I remember reading these guidelines somewhere. I definitely remember reading these guidelines somewhere..

also since I havent been in this situation till now, so all these infos are not frm any experience but just from reading frm here and there.. pls go ahead and confirm them..

at the same time, I dont see any harm in informing AS asap.. they would never send u to the AB whilst U r in ur notice period.. at least I dont see any reason..

take care and best of luk
Nitin

Ok, thanks, I will try to see them during the week then.

We all know that if one leaves Germany for a certain period of time (6 months) is GC get invalidated (sounds like a Java HTTP Session) but what if one gets a contract, let's say in France, go to work there and come back in Germany every week-end ?

I'm saying that because I could maybe fall in that case if I pass well an interview next week.

D.

Hi D.

If U r goin to France on a french work permit, then yes Ur german visa would sooner or later expire.

But if U r just going to France for a project but still on the pay roll of a german company, then u r safe.

Nitin

***Is it also possible that Employer can fire his employee without telling any reason ?

Yes.

***If one employee get a notice of kündigung of 3 months when should he go to AA for arbeitloss first day of
***getting the notice or after 3 months ?

Immediately.

***Can kündigung from employer be back if he wants ?

"... be taken back"? No. There would be no obligation for the employee to continue work after the notice period. Of course both employer and employee can agree to consider the Kündigung void, this will then form a new contract of employment.

Regarding the Kündigung, there are some important questions:

How long have you been working there?
How large is your employers company (how many employees)?
Is there a "Betriebsrat" at your company?
Are the terms and conditions of your employment subject to a Tarifvertrag?
Why does the employer terminate your contract? I guess even though he did not state a reason in the Kündigung, you may have some idea?

I can try to give you some advice depending on the answer to these questions. There may be a possibility to take legal action and either delay the termination of your employment contract or to get an Abfindung (severance pay). It depends on the situation really.

Good luck finding new work.

Marc

Hi D.

If Ur company is hiring new n cheap guys and asking U to leave, just because U r expensive, or one of these non-social reasons, then really Ur employer cant do this legally...

as Marc mentioned, it would be best revealing more information to us or consulting a good labor lawyer for the next action to be taken..

You may wanna speak to this labor lawyer who is very professional and would be able tp help U..

Lawyer Henry
Phone: 962-4863
Address:
Schaaf , Henry
u. Werner, Petra Rechtsanwälte
Berliner Allee 96
13088 Berlin
Telefon: (0 30) 96 24 86 - 3

or if someone else has a better lawyer reference ?

Nitin Malhotra