Hi all,

I would appreciate some information on the following cases. I need the info to assess my position and have some ideas on my worst case survival chances!

I am a GC, working from Dec2003, have Visa until Dec,2008. My company is a small one, it is loosing money for 3-4 years, and key persons in Development and Management are leaving the company, which gives me some bad signals!!

I have a umbefristet vertrag now, with a 3 month kündigungsfrist. Now, what is the rule ?

1. Does my company or me, have to give notice at the begining of every quarter , in case any party wants to break the contract?

2. What happens when I loose job, does my visa continue until 2008 or does it become invalid or do I get say 6/12 months visa to search another job?

3. Do I get arbeitslos Geld? and how long?

4. I came to Germany Sep2001, but was in student visa, and my GC Visa started on Dec2003. I already paid 43 month Rente(including student job). So can I apply for a NE after 9 months or have to wait for the whole 5 year of GC period?

kk

Here comes your answers:

1-) Well, if you want to quit then "you" and if the company wants to fire you then the "company" has to give the notice same conditions for both parties unless it is formulated in a different way in the contract.

2-)What is written on your residence permit ?

3-)See answer 2

4-)You have to wait for the whole 5 year of GC period.

Regards,

Lacrima

@Lacrima

Thanx for your reply.

>>>
1-) Well, if you want to quit then "you" and if the company wants to fire you then the "company" has to give the notice....
>>>

Yes, same conditions for both. Say, one side wants to break contract after 30May. The notice must come 1 March, or is it always 3months querter, which makes it begining of evry quarter?

>>>
2-)What is written on your residence permit ?

3-)See answer 2
>>>

It says:

"Arbeitserlaubnispflichtige Erwerbtätigkeit nur mit gültier Arbeitserlaubnis gestatet. Die Aufenthalsgenehmigung erlischt mit Beendigung der Tätigkeeit als IT- Fachkraft"

Hu, this sounds realy bad I guess. Do I even get a temporary 3-6 months Visa when I go to auslandsamt when something bad happens?

>>>
4-)You have to wait for the whole 5 year of GC period.
>>
very bad ):

nimo

@c16x75

Go for BE, atleast you will have some security until you get NE.

<<<<<<<<<<<<
"Yes, same conditions for both. Say, one side wants to break contract after 30May. The notice must come 1 March, or is it always 3months querter, which makes it begining of evry quarter?"
<<<<<<<<<<<<

Nimo, it depends on the exact wording in your contract. If it says, "3 Monate zum Quartalende" then the notice must come at 1. April for 30th of June and at 1st of January for 30th March etc.. if you want to quit asap then you can negoitate it with the company(Sometimes they are happy that they will have to pay you fewer salaries). If the company wants to get rid of you asap then you can ask them to pay the salary in advance till the Quarterend and you can stop going to work at the same day, you receive the money in your account.


<<<<<<<<
"Arbeitserlaubnispflichtige Erwerbtätigkeit nur mit gültier Arbeitserlaubnis gestatet. Die Aufenthalsgenehmigung erlischt mit Beendigung der Tätigkeeit als IT- Fachkraft"
Hu, this sounds realy bad I guess. Do I even get a temporary 3-6 months Visa when I go to auslandsamt when something bad happens?
<<<<<<<<

Yep, that is definitely bad. That is why you should have Ausländerbehörde change that clause as soon as possible. Please search the forum with keywords "Beschäftigung erlaubt" and "Erwerbstätigkeit gestattet".(also known as "BE" and "EG") As a greencard holder who has his workpermit issued before 1.1.2005, you can easily get a clause like "Beschäftigung erlaubt" with that clause on your residence permit, you can easily stay till the end of unemployment benefit payment(in your case probably 12 months) and you can do any kind of job of your choice. Search in forum about it for more info.

Regards,

Lacrima

Hi Lacrima

Thanx once again. Yes, I have already applied for BE, and it is already 7 weeks after I applied. The lady in auslandersamt told me they have sent the papers to Arbeitsamt and till got no reply!! Does it take so long ? I think I gave them all the papers they need and they did not ask for any new paper. Donno what is goin on there. Is there any clause that Rente paid during Student years are not also counted in BE? Then I am in trouble!!

Aa question though...what is the difference between "Beschäftigung erlaubt" and "Erwerbstätigkeit gestattet" ? I guess both are same or?

nimo

Please use the search function.. all your questions from the beginning were already asked here.. by the way.. no they are not same.

if you are GC you do not need 3 y work or 36 Renten. you can get BE BINDED TO IT "nach dem § 46.2 BeschV". which is OK for you
http://www.aufenthaltstitel.de/beschv.html#46

call AA and find out what are they doing with your BE.

@DVD
Once again this "§46.2".
I am almost sure this paragraph 'is not valid' in Munich. 3 years is a must (at least in Munich).
After changing my pass I have:
"Unselbständige Beschäftigung nur gem. §27 Nr.1 BeschV als blabla bei Fa. blabla, in München gestattet.
Der Aufenthaltstitel erlischt mit Beendigung der o.g. Beschäftigung."

And I'm like a serf for 3 years.

Yes §46.2 is invalid in München if you let'em do that with you. I have also got the same B.S. as you did but then I wrote 'em complaint so they changed it to "beschäftigung uneingeschränkt erlaubt".

@cedomir

>>I wrote 'em complaint so they changed it to "beschäftigung uneingeschränkt erlaubt".<<

May you send me this complaint at mottor at hotmail dot com ?

Did you send this to ABH as mail or you gave it personaly ?