Hi all,

I need advice from you guys to get me out of a embarrasing situation.

I am working in a small company now...I dont like enjoy working here. Its not a problem of the work..its the management of the company upon whom I cant rely on...due to inconsistent behaviour. So I started to look for a new job.

I got a good offer from another company. They wanted me to start there from September 1.
According to the contract with my current employer , the notice period is 4 weeks till the end of quarter.
I gave a proposal to my current employer that, I would drop the claim of my holidays..(of around 5 weeks) and complete the projects (containing 3 person )I have in hand and he will release me from my duty by the end of August. This was discussed in last week of July. He agreed to it (verbally) and based on that I signed the contract with my new employer.

In the last week of last month I submitted my formal resignation letter to my current employer and he was trying to avoid discussion about this. In the mean time he issued holiday to the other 2 member of the projects. And he gave me back my resignation letter signing it with a constraint...I can leave if I can finish the project...in time. But its impossible cause the other two members are in holidays and I was not informed about it till the day before they left for holidays.

I have booked the umzug service and rented a new apartment for my family.

I want him to remove the constraint from the resignation letter. But he is not agreeing.

How this can be solved ? I told him that if he wants me to stay in September then he has to pay the salary of September as well as he has to pay my holidays. But he is avoiding the discussion..telling..lets talk about it tomorrow..and tomorrow..I am busy now..lets talk about it in the evening..etc.

What can I do ? What can be the legal consequences ?

Ahmed

Ahmed,

Go directly to a lawyer.

Don't let any idiot abuse you.

Leaving his company might be already too humiliating for the owner of the company if he doesn't have a cool character. Things might get uglier to the end.

I have just talked to him over phone..he is in holiday now.(went to holiday last saturday..without informing any one in the company..can u believe it!!!!..we came to know in the monday morning that he is in holiday...!!!!!)

what ever, after I have pressed him he agreed to send an email to me written that I can leave by the end of august. Lets see what I get in the email..

Ahmed

By the way.. can emails be used as a proof in a case I have to go to a lawyer ?

I have seen earlier...our clients were using emails to confirm the acceptance of a software or confirm an order.

Any idea ?

Hi Ahmed,

b4 seeing a lawyer, I would like to notify something, a mistake made on your part:

am working in a small company now...I dont like enjoy working here. Its not a problem of the work..its the management of the company upon whom I cant rely on...due to inconsistent behaviour. So I started to look for a new job.

"... I gave a proposal to my current employer that, I would drop the claim of my holidays... and he will release me from my duty by the end of August. ... He agreed to it (verbally)", you should NEVER, I mean NEVER, take care of something which has been said but not written because, if you go to courts, he can pretend having never said that and you got no proof, as nothing was written. It's then your word against his.
I had had so many troubles with verbally thing that I never take them for granted anymore.

D.

Hi Ahmed,

since sometimes in 2002 (can't remember the date exactly), by a law voted in Paris, emails have had the same status as "normal letters" written and signed by hand.

I know that because I use this to sort out a problem on courts.

D.

You know..when you are working in a company..all the involved parties should trust each other. This is my 3rd company in Germany..and I had much better experience earlier...never ever had this kind of problem. how ever..I agree that waas a mistake from my side..should not trust any one verbally...

NoBody, thanks for the info related to email.

You're welcome Ahmed, and by the way, if you're leaving a company, just try to contact some GCs through here who are jobless and see if they can fill your position, and apply for the job you've left, it's always good to help people.

BTW in which city is the new job you're taking? I'm taking one too starting September 1st, it could be the same, who knows?

D.

Hi NoBody,

I would have gladly posted if there is a vacancy due to me leaving the company. But I dont want to some one else facing the same problem that I faced for the last few months. I would rather put it in a list of Black listed companies..:-(. Personally, I am not some one who is vindictive in nature..but this time the situation forced me to think like that.

However, I am moving to Munich. Already found an apartment there. Where r u moving ?


Ahmed

HI Ahmed,

I can understand your concern.

I'm moving to the other side, going to Berlin, just nearly found an appartment there yesterday and I hope I can get it so I could move my family before the last week of August, me staying in Mainz the time for me to finish my contract in Köln.

D.

hi Ahmed,

as far as i know, if a company fires you and you have say 3 months notice period to be given to you.. Then it works like this. Lets also suppose that the you have 1 month vacation left, then the company can either pay 3 months salary right away and terminate your employment or keep you for two months and force you into vacation the last month.

Similarly, if you give a notice on 1st of August, then you can pretty well leave the company by the end of 3rd week of August and this company has to pay you the salary. Whats more, the contract with your company is always for 40 hrs a week, but not task based. I.e you would get your salary if you work for 40 hours and not if you successfully complete a project. Check your employment contract. Show it your lawyer immediately.. Dont wait. Just goto a decent lawyer and ask him to demand your vacation money when you leave on end of 3rd week.

Let us know what happened..

Cheers

In my case the notice period is 1 month till the end of quarter. In my case, legally, I cant leave before end of September. And if the company wants, it can pay for my holidays and keep me till september. But I have already signed a new contract starting from September 1. I could make it start from October 1, but i dont wanna stay in this company one long month more.

I have the same situation i am leaving the company as well. My chef's attitude is something like you said. But i found a new job i would also put my company into a list of black list companies.
The company gives you a referance letter but you can not give referance letters to the companies which new employers can look. that is stupid. In germany if you say something bad about a german employer in the interview they donot like it even the employer is a murder or something I donot understand this.

Anyway i think you should go to a lawyer and do everything by adresing the laws.