Hello friends,
I am in Germany since Sept.1998 (student), got a green-carder since August 1, 2000 and have recently applied for NE. And surprisingly got last week termination notice ‘Kuendigung’
(with just 2 sentences) from upper management that I will be terminated on 31 July 2005 and that I am supposed to register myself to ‘Arbeitsamt’. I haven’t got any written warning/notification before. And every thing seemed ‘alles-klar’ ;)
I talked to my Deptt. Head and Betriebsrat and they were surprised as well. Betribsrat (BR) has written a letter to the upper management that they were not informed and the termination is illegal. Later my head told it might be a budget problem because they already layed off a number of people in the last years from other departments. But at the same time they employed few as well (maybe more economic to them!)

BR suggested me to challenge it in the court and I have taken services of their recommended lawyer (but he is also quite expensive and has sent first ‘Abrechnung’ for EUR1600 at the moment). Unfortunately I do not have insurance --‘Arbietsrechtversicherung’.
I would recommend everybody should have it!

Apparently the employer pretends that I had a contract for 5 years and it is coming to an end.
But they always applied to arbeitsamt for’ünbefristet arbeiterlaubnis’ which because of green card regulation was given for 5 years.

- will this situation have any impact on NE(though till july I will have paid 60 anteile für sozialversicherung)???
- how much abfindung at max. can I get???
- how effective judicial process can be in such case?
- which insurance--Arbeitrechtschutz/rechschutz versicherung do you think is better?

Any suggestion to handle this situation will be highly appreciated.

Thanks!

Hi,
If you have been living in germany since 1998 why not try for the Naturalisation instead of NE !!!. Maybe others can comment on this.

rajesh

if you are not in Bayern or Baden-Wuertenberg, and you have a good command of Deutsch (Mittelstufe I ) and you are here for 7 years, you can apply for nationality.

regards,

mk

Thanks Raj & MK,
I am not sure if for naturalisation/nationaly,
PR(ünbefristet) is NOT a pre-requisite?
More over which papers do I need for that?
My 'deutsch' is not bad but I do not have certificate for Mittelstufe (for Grundstufe I do have)!

As I have already applied for NE, I do not know if it is suitable to apply simultaneously for nationality as its also awful and time-taking procedure? And the guy in AuslBeh does not seem very easy-going and well informed. I had to show him the law to convince him that I have right to apply for NE.

Hi Bravo,
I dont think there is any pre-requisite, except that you should have lived in germany legally. Applying NE or directly for a Pass is according to your discretion. Before it was 8 years for getting nationality but according to the new rules it has come down to 7yrs with a clause saying you should be comfortable with deutsch. Since it is worthwhile for you to invest some money, why dont u write to trust7 and ask them if they can take up your case.
cheers
rajesh

@mk: congratulation for UArEr, I have just checked your post in other thread
@Hi Raj

I have been yesterday to Einburgerungsamt to ask about citizenship. But the guy was not so friendly and said it has to be after 8 years(unless my wife is an EU citizen which is NOT my case) and he has no info if there is any change in regulations(7 yrs.)
Could you pls quote the changes/relevant link etc.?

I will be grateful for suggestions regarding kuendigung/abfindung/ other issues too (mentioned above).

New is that, my lawyer has got an appointment in the court for me next week. Does any one have experience with this sort of hearing???

Thanks

in the following link you can see that citizenship law has been changed.
In parra 3, it is stated that one needs 7 years of stay in germany ti get citizenship if he can produce a Mittelstufe I Deutsch certificate.

http://www.aufenthaltstitel.de/stag.html#10

I wish you a good luck to achieve your rights!

regards,

mk

MK wrote:
"In parra 3, it is stated that one needs 7 years of stay in germany ti get citizenship if he can produce a Mittelstufe I Deutsch certificate."

Could you please tell me how did you conclude that "Mittelstufe I Deutsch certificate" would be enough to shorten the period for citizenship to 7 years. That certificate is mentioned nowhere in the law. I have such a certificate(even a better one) and I was once curious and asked in info4alien whether such a certificate would replace the "integration course attandance certificate" (which is mentioned in law) but the answers were rather negative. Many Profis in info4alien claimed that actually I should attend this integration course, if I want to shorten the process for the naturalization even though what they teach there are superfluous for me.

Please see the discussion here:
http://www.xonder.de/cgi-bin/yabbserver/foren/F_0134/YaBB.cgi?board=son;action=display;num=1112789057;start=0#0

What do you think ? do you have better sources where you can argue that such a language certificate would be enough for that purpose ?

Regards,

Lacrima

Thanks MK/Lacrima,
Today I called the beamter in einburgerungsamt telling him the clause 10>3. Apparently he did not seem convinced and said he would 'clarify' with colleagues and I must call some days later!

I will update when I get answer from him.

Mr.Detlef/DvD/other friends....do you have suggestions regarding above issues esp. how much abfindung/compensation can one claim when working continuously 5 years for a company ???

I have read somewhere ( I guess in this forum only) that you get one months salary for each year´s work. So in your case you should get an amount equivalent to 5 months salary.

Thanks,
But is there any law regarding Abfindung
(pls quote)??????????????????

My Arbeitgeber says, although I do not have any right on compensation because my contract was limited to 5 years and its ending now they will pay me 2 months salary as compensation and thats only because they could not inform Betriebsrat in time (by law they had to).

Alternatively they will extend my contract till the end of Oct.(next quarter) and inform Betriebsrat and I wont get any compensation
(that means no arbeitloss too)!!!

I have applied for NE last month and beamter says hopefully till Oct. I will get it.

I would urge for your kind suggestions!

Thanks

PS: I have a Tarif Vertrag T5 for Hessen