Hi all...

Just wanted to share a bad experience I just had with my employer. Me and some other colleagues got Kündigung, on the reason of Restructure. Anyway, there was a Abfindung(compensation) with the Kündigung, which is per law the company must pay. I taked with the owner, and he agreed to pay some more and I asked for some more, which I showed him from internet is more reasonable and normal for employees getting Kündigung. He said he will think it over, and let me know. He took his time, and after 3 weeks is ovr, told me that by law, I must go to court within 3 weeks of the Kündigung notice, and now I can take their initial offer or go to court and get nothing. He even refused to pay the amount he first agreed with me to pay. I think I have no other choice now than taking what he is offering. And I am so much surprised at this cheating, he deliberately passed the 3 weeks and now doing whatever he wants...

What I learnt here?

1. From now on, I will always try to get anything written and signed, no dependance on only words.

2. Who said Germans are honest people? Its only the tough laws here that makes them honest!!

Have a good day...

"Who said Germans are honest people? Its only the tough laws here that makes them honest!!"

Another unnecessary/wrong generalization because of the personal frustration..

Why didnt you consult a lawyer in the first hand with such an important issue ? Shall we generalize you and your fellow countrymen "stupid", just because you behaved stupid in this occasion.. ???

Regards,

Lacrima

Yes, I agree that Germans are more honest than most of the other countries, I am sorry for the generalizazion. It just slipt through my hand, out of not frustration, out of the anger I had. This Kündigung served me very well actually, now I have 3 job offers, 2 of them with some of the biggest compnies in Germany, with almost 10K more salary. And I do agree that Germany tought me more than anything I could ever imagine in my country and I am always thankful to this country.

However,

@lacrima

"generalize you and your fellow countrymen "stupid", just because you behaved stupid in this occasion.. ???"

I would request lacrima to use better language, exercise some courtesy while writing. I did talk with a lawayer, and I did talk with my employer in detail. And he agreed with all the points, only one point he wanted some time. Then he passed the 3 week time, and refused all he said.

You see, this is what I am paying for having believed his words, I should have had all in written form!!

It does not offcourse mean that all others are like him, I think he is one of the exceptions in this great country!

Good day all....

@akakrim
Sorry about my first posting.. it was written based on your first posting.. and it was aimed to show you the wrongness of the generalization with an example that shows a sharp contrast..

"It does not offcourse mean that all others are like him, I think he is one of the exceptions in this great country!"

That sounds much more reasonable compared to your first posting.. Human beings are just human beings.. it has nothing to do with the nationality.. people tend to do bad things in all over the world.. so try to be always on the safe side when you do business whereever you are in the world.. dont rely on the generalizations like "Germans are honest".. like any other generalization, it is also simply false.. being honest may be in the nature of a person but not in the nature of a nation..

I wish you all the best with your future endeavours..

Regards,

Lacrima

@Lacrima

LOL man, seems like you are promoting the rational behind German attitude. I think you have done enough for Germany to be proud of you.

let's roll!

Read what happened with me.(Its story of 2 years ago)

My employers give me kündigung with 3 months kündigungsfrist
without any reason but official reasons were finishing of projects.
I surprised and talked with employer about that all.He said he need
me not anymore and also said in hidden words that if i went to court
he will do worst against this.
I was fully worried and helpless because this was not my country and
even i was unable to speak german lanugage.After deep thinking and
some informations through trust-7 i deceided myself to go to lawyer.
Although my lawyer was an experience person but he was innocent same
as me.He just sent a simple letter against kündigung and tried to prove
in letter that this kündigung is wrong.Next day my employer abused me
too and said now look what i do.
He cancel the kündigung with the kündigungsfrist of 3 months and given me
sofortkündigung and written lot of blames on me like i tried
to demage the company.
I was fully afraid even i was innocent.What he did more ! he sent this kündigung
to AB and local police station.(i was not informed about any of this from my employer).
I went to AB coz i was affraid about the situation after kündigung and they canceled
my visa and given just 1 month visa on paper that you people do such type of thing in
our country and they said if the poliece give us clearence then they will deceide something.
Nobody came from police station to my home but when i bymyself went to police station
and ask if someone involved me in any case they said yes, your employer.I asked why you
did not inform me to police man he said coz we sent this case to Staatsanwaltschaft and
they will deceide what will punish you.I surprised very much even i dont know about
Staatsanwaltschaft.I went to my lawyer, he said i do something.It can take around year if
Staatsanwaltschaft say who is wrong or right.I was without work permission.I was having just
one month visa.I spent many days and nights eating just bread and water because lot of telephone
cost, hous rent, and lot other things have to bear.
I was unable to search a new job without workpermission and without proper visa and any expe
rience letter.I talked with employer and he said ok you don't demand for Abfindung i
cancel all police cases.
I thought money can be earn in life but black spots can't be wash and i left my abfindung's
money.I know most of you may be thinking why i did not fight against such an employer.
Dears .... tell me without knowing good language, without workpermission, without having
good money into your pocket for spending life without work permission and without visa,
how i was able to fight.
This story is from the almost last two years but whenever i think about it, i really weap
that what type of employers are in this word.

Here i want to edit one more thing i went to Arbeits Amt and asked about ALG , they said we need papers to sign with your employer.I said he is not signing any paper.They said it is not our problem that if he not signing or not, we cant process your ALG without the signature of these papers.I was even unable to apply ALG which is write of every body.

"He took his time, and after 3 weeks is ovr, told me that by law, I must go to court within 3 weeks of the Kündigung notice, and now I can take their initial offer or go to court and get nothing."

he can pay you 0,00 EUR now. you MUST file a claim in 3 weeks EVEN if you are so ill that must be treated in hospital (BAG, too lasy to look for a reference number of court decision)

although, for how long you are in DE? if only for 4 months and you come from somewhere where there are no lawyers, you could have a chance still ...

"He just sent a simple letter against kündigung and tried to prove
in letter that this kündigung is wrong"

right, he knows Arbeitsrecht good and nothing about AuslRecht nor he cares about AuslRecht. he knows he has 3 weeks of time, tries to keep costs as low as possible (he is reqiured to do that - for your sake !), sends a letter first ;)

"jalal: ..."

lol i would comment every line of your post but it would take so much time and i am sleepy ... let's say only one thing: NOBODY CARES ABOUT YOU IN GERMANY! NO GOVERNMENT STRUCTURE, NOBODY! THEY JUST THINK HOW TO DO LESS JOB IN ORDER TO GET THE THING DONE AND BE NOT PUNISHED FOR IT, THAT'S ALL; THEY UNDERSTAND VERY WELL THAT YOU ARE ALONE! YOU MUST FIGHT AND PROVE THAT THEY ARE WRONG, OR EAT SHIT AND LEAVE THE COUNTRY!



my last employer thought that he is very clever, he refused to pay 3 months Abfindung. instead he paid something like 20k EUR already and the show is not over yet ...

"THEY UNDERSTAND VERY WELL THAT YOU ARE ALONE!"

and they know very well that you have no money nor have you any mighty relatives abroad ... i will tell you, there are lots of EU-citizens here that have nobody and nothing, they are treated the same as you, although they do not post the messages that prove them to be completely hopeless, do speak german without problems WITH ANYBODY, react at once and do not have any complexes ... sometimes they do succeed, but you - if you want to succeed, you must be better as them. just because your country doesn't care if it eats shit, its goverment just makes their people accept that, and HERE everybody knows very well what third-world countries have to offer ;)

@-

"
He took his time, and after 3 weeks is ovr, told me that by law, I must go to court within 3 weeks of the Kündigung notice, and now I can take their initial offer or go to court and get nothing

he can pay you 0,00 EUR now. you MUST file a claim in 3 weeks EVEN if you are so ill that must be treated in hospital (BAG, too lasy to look for a reference number of court decision
"

Hi, just wanted to add that I have signed the initial offe,w ith 1 months Abfindung. Now, the date on this offer is some 25 days after the Kündigung. My employer has signed this offer letter too.

So, my question is, is it still possbiel by the emplower to not pay the money that is agreed on this offer letter, on the ground that he signed the letter after this 3 weeks period? Just wanted to know, because I think he will do whatever possible to save the last cent!!