Hi All,
I'm fired from my job today. Infact it is the last week of my probation. In the fit of that moment I missed to notice that I've signed a document called "Aufhebungsvertrag" (which I think means mutual agreement) instead of Kündigung (termination). Now I've a few questions with respect to this scenario.

With this so called "Aufhebungsvertrag", am I eligible for the arbeitslos?

My current visa is tied up with this company. Infact its valid till 2014. Do I need to change it?

I heard there is something called beschaeftigungserlaubnis(BE) which is a pre-requisite to get the visa extended.? Is it so?

I would greatly appreciate if you could answer these queries at the earliest.
Looking forward to your reply.

Regards,
Johny

Hi Johnny,

it will be better to let us know of your background first (ever worked in Germany before, what type of visa you have, since when you're in Germany, etc) in order to be able to pinpoint your case.

But short said:

"With this so called "Aufhebungsvertrag", am I eligible for the arbeitslos?", unfortunately, you are not, you need to register as a unemployed but that agreement leads to a Sperre, meaning you won't be getting any unemployment benefits (if you beforehand were eligible to) for 3 months. Better get a Kündigung than an Aufhebungsvertrag...

"My current visa is tied up with this company. Infact its valid till 2014. Do I need to change it?", you have to as you won't be getting any work permit to work for another company with that visa, but depending on your background, it could be that your visa will be cancelled and you will be given a short visa for you to search for a position, reason why knowing your background is important.

"I heard there is something called beschaeftigungserlaubnis(BE) which is a pre-requisite to get the visa extended.? Is it so?", background info needed.

D.

Hi Mr. D,

Thanks a lot for your reply. To your question regarding my work history. Earlier I'd worked here for 2yrs(fulltime) in a research institute before a short stint of 3 months in the industry(again fulltime). In addition I've worked(part time) whole of my student years(4.5yrs) here in Germany. I hold a masters degree from the Univ and had completed 1yr on another masters programme before quitting to join this company. Here I've completed 5.75 months. Infact including the notice period of 2 weeks it extends to 6.25 months.
Actually I've contributed 5yrs towards the social security requirement for the NE. Of course this including the student years I spend. In total I've spend 7years and 4 months in Germany.

Coming back to the present scenario. I hope to get the termination(Kündigung) from the company and solve the issues with Arbeitssamt.

I would like to ask you onething. Let's say I go to the Arbeitsamt with Kündigung. And they don't raise any questions regarding the visa I hold which is tied up with this company valid till 2014. Assuming that I start availing the support from them till I find the new job a few weeks from now. Will it be a problem when I inevitably have to visit the auslandsamt for the new visa in accordance with the new job?

Or let me put it this way. Isn't it alright even if I don't go to the auslandsamt if the arbeitsamt recognises this present visa status to support me while I search for a new job? And once I've a new offer I go to the aulandsamt for visa renewal?

Looking forward to your reply.

Regards,
Johny

Legally speaking you should go to Auslanderbehorde and tell them about your job situation. They will give you a fiktion bescheinigung to look for a job (a 3 month visa).


If you dont go, you will take risk. if you get caught, you will have problem. At worst, they can deny giving you visa.

But if you dont tell them, you wouldnt be the firts one to do this, I know people who have done this and got away with it.


So you it is your choice, take risk or go the legel way.

Hi Johnny,

What I don't understand is why you don't have BE afetr so many years working in Germany? Normally, after two years working full time your company-dependent visa should have turned into BE. On top of that, after having at least 60 cotizations to the German Rent system, you can start thinking of getting permanent residency (which by the way it's going to be quite difficult now that you're loosing your job).
Anyway, the way I see it, you're entitled to get BE (non-binding visa), then claim that you'll be receiving Arbeitlosegeld I -including your previous work, you worked more than 2 years so you should be able to get 1 year of ALG I - this is what you're goint to present as finantial support until you find a job.

good luck!
Ari

Thanks Mr. D for your valuable inputs. I guess I would go to the auslandsamt and get the fiktionsbescheinigung and look for the job.
@ Ari...Frankly I don't know...Never thought of losing the job...which was infact of no fault of mine...You are right I should have foreseen all these and acted pro-actively.

Hi D, Ari,
I heard about the fiktionbescheinigung to be a short-time permit to stay which is not pasted on your passport. So technically how different is it to a normal visa. Will it be in anyway a problem when applying for NE once I secure the new job.
@ D : Normally is it the case that they will give only a 3 months fiktionsbescheinigung. Or can I expect a longer term.

Looking forward to your reply.

Regards,
Johny

@johny

Arbeitsamt works independently and has nothing 2 do with Ausslaenderbehoerde. All you need for ALG1 is that you have a valid visa and that AFAIK you have it.

So if I were in your shoes, I will go simply to Arbeitsamt and ask for ALG1 and in the meantime look for a job.

Good luck and keep us posed.

Cheers!!


P.S: in worst case...Arbeitsamt might ask u 2 change your visa 2 BE.....than u can simply forget ALG1 and look for a Job
P.P.S: this is not a legal advice


...and may I know what was the reason for being fired twice?

Hi vmishra,
Thanks for the feedback.

To answer your question....I don't think I mentioned anywhere that I was fired twice. My first job the research institute was just a 2 yrs contract and after that I wanted to go to the University.
For this particular job I negotiated for a 2 contract deal. The first being a 4 months contract immediately preceeding the unlimited contract. This was just because I wanted to make a 1 month break(for an India trip) within my first 6 months probabtion time.
How it worked is that they made a 4 months contract spreading the salary for 3 months equally over a 4 months' period and requiring me to work only for 3 months. In simple terms if 'x' is the monthly salary I would get '3x/4' per month for 4 months and can take the 4th month as vacation. And on the 5th month onwards starts my real unlimited contract. And in this contract I've completed 5.75 months plus 2 weeks of notice period. So technically speaking I'd worked there for almost 9 months :-).
Now for the reason...frankly I've no idea. I guess they failed to get the kind of projects I was hired for. They always gave me good feedback. And also they are closing down the office I was working in. They haven't told me so but I see they are evacuating the office. It was just a group of 3 :-).
I'd sensed something fishy a couple weeks ago but they used to tell me everything was in order. I kept on declining the offers which came my way caz I totally trusted them. And one fine morning they say your are sacked. I'm pissed caz I trusted them blindly.
Now I hope to find something sooner than later!

I agree is a mistake to trust blindly on your german employer even more when you are a foreign worker. so my advice keep always an eye open and be ready for change. and also don't take the german approach of job seeking which is: let the Arbeitsagentur find a job for me. try to look for a job for yourself. for this you will need perfectly done Bewerbungsunterlagen though.

Hi All,
To be on the safer side I went the auslandsamt and disclosed the present situation. I told them that I lost the job and to my surprise and probably for all of you, they told me that I can continue living with the same visa and look for a job. He just gave another form to be filled up by the future employer.
Regards,
Johny

@johnny

congrats!! i´m really happy for you.

Good luck with your job search!!