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Please help
Answer
3/8/08 7:05 AM
Hi all,

My friend has some problem,please help her.
I will try to explain the complete suitation.

In May she got a regular job.But the employer was not paying salary as in contract,he was paying less. in the contract the employeer mentioned that "The first six months of employment shall be regarded as Probationary period. During the probationary period, the employment relationship
Both sides with a period of fourteen days to 15 Or at the end One month notice."
she went for vacation with his employer permission for one month.Suddenly one day he sent a mail saying that she deregistered as a employee without any before notice or anything.employeer said as below lines before probitionary period:
"yyy employee is insured as long as she is working, now she is deregistered as a
employee. So, she does not have any insurance. She only had insurance through xxx company (deducted at source) while working. A valid visa does
not automatically insure her through xxx company."
Now she has family insurance.

And the employer is not paying anything
and now the employer was telling that you are not regular employee your partially regular employe.... some story.Now she is pregent and is it possible that she can get any eternalgeld from employer?
Is it possible that the employer can deregister without intimation.
and is it possible that she can get some money from him as salary.

Please help her
thanks in advance
0 (0 Votes)

Re: Please help
Answer
3/8/08 1:02 PM as a reply to ra krish.
Does she have the work contract?
Did he give money in the hand or transferred to the account?
Does she have salary receipts for all months?
Does she have written confirmation of the Holidays from the employer?

What do you mean be deregister?? Is she still employed in the company? There is nothing like "partially regular employee"

You can take the advice of a Lawyer. The employee will be in a legal limbo for the BS he is giving.
0 (0 Votes)

Re: Please help
Answer
3/8/08 1:16 PM as a reply to ra krish.
Taking legal advice will help you in this case.

If the salary slip shows less money than the one mentioned in contract, the employer is in real trouble.
0 (0 Votes)

Re: Please help
Answer
3/11/08 12:58 PM as a reply to ra krish.
Thank you very much Raj and Prabath.

Raj please find the information for your questions

Does she have the work contract?
Yes She has work contract

Did he give money in the hand or transferred to the account?
To Account

Does she have salary receipts for all months?
Yes she has salary receipts

Does she have written confirmation of the Holidays from the employer?
Yaa she has a mail.

What do you mean be deregister?? Is she still employed in the company?

Yaa,the employer told that she is an employe of the same company but he deregister her as an employee of xxx company,because she has no work or assignment.

Please help her she can approach him to get any eternalgeld from the company.
Becuase now she has family insurance,so the insurance people told that she can't get any amount from the insurance company.

what we know is:
Actually if she is pregnent,working in a company
and she and employer paying insurance everymonth then she can get some monthly amout of her salary from insurance.

We don't know really she is eligible to get money or not from employer or insurance?

Please help her.
Thanks in advance
0 (0 Votes)

Re: Please help
Answer
3/11/08 2:06 PM as a reply to ra krish.
I dont think one can just de register from the company. Does she has a normal Arbeitvetrag?

As long as she is employed with the company, he has to pay salary, insurance etc whether she has work or not. He can de-register only if he has fired her from the job.

See, your problem is complicated and the employer is taking your wife for a ride. You have to take the advice of a lawyer.

Is this company by anyways in Darmstadt and start with O####### ?
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Re: Please help
Answer
3/11/08 4:37 PM as a reply to ra krish.
Thank you very much .

the company is not start with o and not in darmstadt.

And one more she is not my wife,she is my friends wife as well as my friend.

But really we don't know how to approach a lawyer.

And the employer also from india,because of that we are thinking.


Thank you very much Raj.
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Re: Please help
Answer
3/11/08 4:41 PM as a reply to ra krish.
If you are in frankfurt region i can give a contact lawyer.

sorry for my oversight about wife/friend
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Re: Please help
Answer
3/12/08 6:26 PM as a reply to ra krish.
Thank you very much Raj.

We are not living near to frankfort.we are near to duesseldorf.
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Re: Please help
Answer
3/13/08 11:35 AM as a reply to ra krish.
Hi
May be this website will help you.

http://www.rechtstipps.net/online-rechtsberatung.html
0 (0 Votes)

Re: Please help
Answer
3/13/08 9:55 PM as a reply to ra krish.
Dear Rakrish,

As long as your friend has a valid ongoing work contract she is entitled to her salary as laid down in the contract. At the same time the employer is obliged by law to pay the social security dues.

rechtsanwalt_jain@yahoo.de
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