Hi,

I will be jobless by this month end. I am getting some compensation. could any body kindly give some information.

1. I heard that I will get arbeitlos only after three months as I am getting compensation.
2. If it is true should I pay my medical insurance on my own.
3. Can I stay in Germany with out medical insurance
4. What are the official things should be done once you are unemployed

Many thanks in advance

Aku

Hell Aku,

I will be jobless by this month end. I am getting some compensation. could any body kindly give some information.

Ans:- what sort of compensation? Is it that in your contract, which tells that after you lose your job you get paid for so and so months? or is this compensation an additional bonus plus the compensation for months written in your contract?



1. I heard that I will get arbeitlos only after three months as I am getting compensation.

Ans:- to answer this you need to differentiate whether the compensation is written in your contract.
E.g. In my contract it is written once my company wants to kick me out then they will pay compensation for three months (which covers all the insurances taxes I normally paid while working with them) and the other thing is unofficially they will pay additional compensation for me, which is like e.g. I worked 4 years then they pay 4 months salary so for me I get officially each month salary for three months and during the time I quit unofficially an additional compensation in lump sum for four months.
Now your question, when you are recieving that offical compensation written in your contract then you do not need to register in Arbeitsamt for ALGeld immediately you are laid off but you should register in AA before that compensation ends.


2. If it is true should I pay my medical insurance on my own.

Ans:-No, if you still recieving that offical compensation every month (written in your contract) not the lump sum you received as compensation.

3. Can I stay in Germany with out medical insurance

Ans:-no way!! you should know that you cannot cancel your medical insurance you only can change. Either you have to pay or AA will pay through ALGeld or your employer will pay.

4. What are the official things should be done once you are unemployed

Ans:- wait until the last before week your employer pays you monthly salary and then go to AA for registration.

that's it! hope I cleared your doubts!

regards,
Nitin

typo!! please consider "Hello" instead of "Hell"

Hello nreddy,


Thank you very much for your reply. Nothing written in my contract about compensation. I have a notice period as everybody has. Because of bad economical situations my employer asked couple of employees for contract termination on mutual agreement. If I do that I will get compensation(which is lump sum amount). If I don't agree that I don't know what might happen. As my contract with this company coming to an end (March next year)I am planing to take compensation.This is my situation. could please give me some suggestions.

Many Thanks.
aku

1. For the 1-st time it should be only 21 days.
2. 3. no
4. You must go immediately after the signing Aufhebungsvertag to the Arbeitsamt and register yourself as unemployed. For the every day "to late" your arbeitslosengeld would be reduced for 50 Euro (but no more than 1500 euro).

Can you read in German?

http://www.tacheles-sozialhilfe.de/aktuelles/2003/meldepflicht.html

http://www.jura.uni-bielefeld.de/Lehrstuehle/Rolfs/Institute_Projekte/Sozialrecht/Sperrzeit/DA.pdf

I can read german(Not much). Thank you very much for the info.

aku

My Aufhebungsvertag will be effective from end of this month. If I sign it today. Should I go to AA immediately or Can I wait until end of this month.

aku

Hello Aku,

Considering your situation, if you feel your compensation money is good enough compared to your earnings until March 2005 according to your contract termination then I suggest you take it and get registered immediately with AA because from next month onwards no one will be responsible for your pension money, health insurance etc..
By the way you wrote until March 2005 contract what kind of contract is that because if the employer already signed a fixed contract then he cannot layoff that early. So weigh your options on compenstaion money and then do the rest things immediately with AA.

best of luck!
Nitin

It’s possible to layoff a fixed contract, if it includes a written condition, which stipulates such possibility.
"Die Befristung ist wirksam, wenn sie zulässig ist und die Schriftform eingehalten ist.
Die ordentliche Kündigung vor Ablauf der Befristung ist ausgeschlossen. Ausnahme: der Arbeitsvertrag oder ein auf das Arbeitsverhältnis anwendbarer Tarifvertrag lassen die ordentliche Kündigung auch vor Ablauf der Befristung zu." ->
http://www.rechtsrat.ws/lexikon/befristung.htm#wirksam

Hallo nreddy and Helen,

Thank you very much for your info. I have unlimited contract . But there is clause saying that this contract is valid until visa is valid. I am working with this company from past three and half years. I have a valid visa until march 2005. According to our company situation I don't think they will apply for extension of my visa. That's the reason why I am thinking of taking compensation. so that I will have chance to apply for new job or relocate to some other country.

aku

"Now your question, when you are recieving that offical compensation written in your contract then you do not need to
register in Arbeitsamt for ALGeld immediately you are laid off but you should register in AA before that compensation
ends."

accordingly to a new regulation you have to register as an unemployed in the next day after receiving a cancellation notice/sining a cancellation agreement.

"Ans:-no way!! you should know that you cannot cancel your medical insurance you only can change. Either you have to pay
or AA will pay through ALGeld or your employer will pay."

it's possible, in several ways *lol* ;) hint #1: get a private insurance; do not agree to change it to a state insurance when unemployed; if you were in private insurance less than 5 years, local unemployement office will refuse to pay for a private insurance; do not pay for insurance yourself ;)

"Because of bad economical situations my employer asked couple of employees for contract termination on mutual agreement.
If I do that I will get compensation(which is lump sum amount). If I don't agree that I don't know what might happen.
As my contract with this company coming to an end (March next year)I am planing to take compensation.This is my situation.
could please give me some suggestions."

advice #1: it must be stated in your agreement that an agreement was signed only in order to avoid an inevitable cancellation of your work contract because of bad economical situation. otherwise your local unemployment office can calculate an unemployment benefit out of your compensation *lol*

"According to our company situation I don't think they will apply for extension of my visa."

they have to, but you need to have a proof that you asked your employer in time - write him a letter and get his signature on a copy. if they do not: 1) immediately go to worker's council, if you have such in your company; 2) if not, get a lawyer