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Visa Questions

expired fixed term contract

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expired fixed term contract
employment visa fixed term contracts expired
Answer
3/31/14 10:37 PM
Hi,
I have a fixed term contract (FTC) which is expired on 31 Jan 2014, I work of an Indian based IT company. My contract is expired with the company but unfortunately thay haven't given me a new contract and fortunately they are continuing to pay me my salary

- I got my contract on 31 Jan 2012 valid till 31 Jan 2014 (2 years)
- Due to delays in visa processing I reached Germany on 1 July 2012
- The contract I submitted at foreign office for processing his residence permit was the same one. I got a blue card and as per the rules of the blue card (as far as I know) you can be unemployed for 3 months post your contract and so I got my residence permit valid till 30 Apr 2014
- Now I am working at the customer location, not in my office which is located in Frankfurt. I am still employed with the Indian IT company who plays his payroll
- I got his full salaries paid for Feb and Mar 2014. I was not aware of this fact that the company has to give him a permanent employment if the contract ended and the employee continues till yesterday. I came across the following details in the link below

http://www.expatica.com/de/employment/employment_information/German-labour-law-and-contracts_16060.html
When the fixed term contract ends, but the employee continues working and the employer says nothing, the employee automatically gets an unlimited contract. Employers need to watch out for such a situation as in these circumstances, the employee can sue the employer and achieve a permanent contract
Please advise on how I can proceed. My primary aim is to stay in Germany for atleast 2 years and if my current company will process my visa now, they will give me an Indian contract which will force me to stay with it only for a short while (it will be a deputation).
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RE: expired fixed term contract
Answer
4/1/14 9:37 AM as a reply to Sasi Kiran bejjavarapu.
Contact a arbeits lawyer. I think you might be eligible for a permanent contract.
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RE: expired fixed term contract
Answer
4/2/14 11:48 PM as a reply to Wim Hannover.
Thanks a lot for the help, I will try to find one.
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