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Please Please answer again.

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Please Please answer again.
Answer
12/4/03 11:47 AM
Dear Friends ,

Many thanks for all of your comments and help.In this situation step by step i need different questions i hope you would comment on these questions.

1 ) In this situation where i am can i put this case into court ? my kündigung is from august to 3 months, between this period can i put this case into court or should i not put case into court or if i put case into court would there be any time limit ?

2 ) What type of case can i put because i think its just unfair if a person work 3 years with a company having 5 years contract and just one day company says pack your bagae within 3 months ?Or ?

3 ) Can you please tell me any good lawyer near hamburg and also tell me what type of fees they demand ?very huge amount ?Although i have "gewerkschaft versicherung" and "rechtschutzversicherung".Can they help me ?

4 ) Can also please tell me company stops paying from the first day of kündigung ?Or he must pay untill end of the day of küngidung.i mean untill end of month.
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Re: Please Please answer again.
Answer
12/4/03 3:03 PM as a reply to KKH KKH.
Dear KKH,

first I'd like to suggest for you to add your replies and further questions to the existing discussion threads as opposed to opening a new thread each time you have some follow-up questions? This would make the forum more readable.

1) In an earlier mail you wrote you received your Kündigung 3 days ago and the notice period is March 2004. Now you mentioned August. How does August fit into the picture?

2) This depends on your contract of employment. What does it state regarding termination and duration of the contract? Do you have an "open ended" contract or a fixed term contract for five years?

3) For the initial consultancy ("Erstberatung") the fee will be no more than approx. 250 Euro, possibly less. You can ask the lawyer what they charge for the initial interview, but ~250 Euro is the legally allowed limit. Bejond the "Erstberatung" the fee depends on your gross salary (Brutto) and the type of service the lawyer provides (representation in court or out-of court settlement with your employer).

4) Your employer will (have to) pay you as long as you are employed, i.e. the whole 3 months of your notice period. But here is the catch: Although the employer legally has to pay you, they could decide not to which would leave you without pay for a period of up to 3 months. Eventually you could collect this money via a court order but if the situation turns nasty now and your employer gets annoyed, he would be able to tease you by withholding (part of) the remaining pay, while you would still have to show up for work (!). However this should usually not happen.

Regards

Marc
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Please Reply soon
Answer
12/5/03 10:46 AM as a reply to KKH KKH.
Hi Dear Friends,

Can anybody tell me that after the notice of kündigung of 3 months how much time i have to do anything against that kündigung i mean to say to put the case into court.
Furthermore if i have some troubles regarding my salary or finance with this company untill how much time i can put the case into court after kündigung.
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