Hello All,
I am working in Germany, by an Indian company, since last 3.5 years and one month ago I got Unbefristet Aufenthalstitel until October 2012. My visa does not contain my current company name in it. Then I got a job last month and I resigned from my current job giving them 3 months notice period. My agreement says that the agreement is governed by German law. Then my company after one week asked me to go back to India for serving two months of remaining notice period. They first told me over phone and I did not agree to them , so they sent me an email saying that my last working in Germany is some date in November. I do not have Rechtsschutzversicherung and if I try applying now, it will be valid only after 3 months.
So my question is, as per German law am I allowed to say them no for going back to India? What does the labour law say about this? My agreement says that employment termination can be done by giving 3 months notice period by either side. But there is also a clause in the agreement which says that employer can any time call back to India and there is no mention of 3 months period there.

Please help me in this regard. How arbeitsamt can help me in this regard? Or may I ask my new employer to help me in this?

Your views are highly appreciated.

Thanks
Kumar

You have a BE visa and any time you can enter germany. Go back to india and complete your notice period as they like and come back. Postpone your join date accordingly.

As fas as i see, 3 months is common for india or germany.

Please update your case in the end.

normally they must pay a ticket to come. buy a two way ticket and come back what is the problem?

In worst case in General if the existing employer try to hurt you or make trouble then go krank....

but in this case you do what is fair.

"I got Unbefristet Aufenthalstitel until October 2012.", you know you are contradicting yourself, right?

D.