Hi GCs,
I am a new member of this site.I am A GC annd have been been working in Germany for last 22 months.I am working with an Indian based company.Recently I came to know that my project is being out sourced to India and I will also have to relocate to India in the same project.
I personally dont want to go back to india and look for some other job here.This is something my employer will not want.
Regarding my visa status and work permit,My visa doesn't have any company name on it and my work permit has my company name on it.
My employer has told me that 15 Sep. 2004 will be my last working day in germany and after that I will have to continue in India.
1. Is it legally possible for me to say to my employer that I dont want to go to India and look for a new job here or in othere words I just abscond from my employer.
2. If i just abscond can my employer do something to stop my unemployeement benefit.
3. Should I tell the employment office now about my losing job as a part of process of getting unemployment benefit.

Thanks in advance
AP

"1. Is it legally possible for me to say to my employer that I dont want to go to India and look for a new job here or in othere words I just abscond from my employer."

Of course. You are a free man in a free country

"2. If i just abscond can my employer do something to stop my unemployeement benefit."

He can try to fire you immediately because of some important reason (stealing or something like that). therefore i would be very careful telling him about my intentions if i were you: it is possible that there will be some provocations. better tell him nothing before he gives you a cancellation notice and you register as an unemployed in local employment office.

also there are people that can just stop paying you salary without any reason. if such a thing happens and you do not receive salary in time, write him a "Mahnung" and set him a term of one week to comply with his responsibilities. if he does not, submit "Antrag auf Erlass eines Mahnbescheids" to a competent court of law. if you do not have money because he did not pay you salary, go to a local Sozialamt and explain there that your employer did not meet his responsibilities towards you and therefore you can not pay your debts before other people. they should give you money, and collect those from your employer

"3. Should I tell the employment office now about my losing job as a part of process of getting unemployment benefit."

you should, immediately after getting a cancellation notice from your chief. you can also submit a Kündigungschutzklage to a local court of law in three weeks after cancellation of your contract - in Germany it is not so easy to fire an employee ;)

Hi trusday thanks for the reply.
Let me tell you one more thing about my contract with my employer.
Contact says that:
"The company reserves the right to transfer employee to india at any time."
but at the same time the contract says that
"either party can terminate the employment by giving 8 weeks notice".
So can I make use of the 2nd condition before my employer makes use of first condition.And I can do so by giving my employeer 8 weeks notice of termination of employment.My employer hasn't given me any formal notice yet of my job transfer.
Now there are two possibilities:
##1 My employer accepts my resignation:
a) Am I eligibe for unemployment benefit in this case since Its me who made myself lose the job.I dont know what is the rule in this case.If I get unemployment benefit then for how may months because i heard that for some states its limited to 6 months and for some its in proportion with the duration of employment.I am based in frankfurt.
b) Can my employer refuse to process my unemployment benefit form.I mean is it lawfully possible to do so by an employer.

##1 My employer doesn't accepts my resignation:
!!!! Even I am not sure about the implication of this.Please give me some expert comments.

I am totaly in confusion about my future.Please help me if any of you have undergone such experience.

AP

"Contact says that:
"The company reserves the right to transfer employee to india at any time."
but at the same time the contract says that
"either party can terminate the employment by giving 8 weeks notice"."

you refuse to go back to India, he has the right to cancel your working contract then. however it will be a normal "ordentliche Kündigung", which will not affect your right on unemployment benefit

"Now there are two possibilities:
##1 My employer accepts my resignation:"

he will gladly do that if he wants to see you in India, DON'T DO THAT! if you do such a stupid thing, the unemployment benefit will not be paid to you during first 12 weeks of your unemployment (6 weeks if you can prove that such a decision will create you big difficulties). moreover, if it is 12 weeks, the period of time, during which you are eligible to get an unemployment benefit, will be shortened to 3/4. in your case that would mean: 9 months instead of 12.

"b) Can my employer refuse to process my unemployment benefit form.I mean is it lawfully possible to do so by an employer."

he can of course, then you need to go to your local employment office and submit there an application for "Amtshilfe" for getting a required form; argumentation - your employer refuses to give it to you. after that your employer is going to have a lot of fun, he even may get in jail until he agrees to issue such a document *lol*

"##1 My employer doesn't accepts my resignation:
!!!! Even I am not sure about the implication of this.Please give me some expert comments."

you can get his signature on a copy of cancellation notice, if he refuses, you can get witnesses to sign under a statement that he refused to get your cancellation notice - with signatures of witnesses it is valid even if he did not get it. if you can not find witnesses, send it to him by post as "Einschreiben", add up 4-5 days to 4 weeks for delivery when you calculate the end date of your working relationship

but DON'T DO THAT, otherwise you are going to loose your unemployment benefit during 12 (or 6 if you are lucky) weeks. better let him cancel a work contract ;)

"If I get unemployment benefit then for how may months because i heard that for some states its limited to 6 months and for some its in proportion with the duration of employment."

it depends on you and you alone, more specifically - on how you can defend yourself ;)

Thanks trusday,
Ok so I should not give resignation to my employer.Fine I wont do that.But then what should I do?
A possible Time Line:
Today: employer informs me that 15 Sep is my last day and on 16 u will be flying back to india to report there in india on 18th of September.
_ _ _ _ : I go to the employment office and say that I will be losing my job after 2 months.

Now i sit silently and wait for the 2nd weks of september.
Employer give me ticket to fly back to india and I simply refuse to do so.

_ _ _ : Now I go back to employment office and get the form which is supposed to be filled be employer.

_ _ _: I give the form to my employer and employer in turn calls the employment office and tell them that this man broke contract condition and should not be given any help.

What next???????????????????????????????????????????????????????????????????????????????????

Can u also fill the dates above.

Thanks
AP