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Visa Questions

No-job-treatment

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No-job-treatment
Answer
12/28/04 3:31 AM
I'm curious if there is a (legal) difference how the state treats you depending on the reason for being out of job? For example, is there a difference if one is out of job because he/she was fired and the situation where the company has filled for bankruptcy?
0 (0 Votes)

Re: No-job-treatment
Answer
12/28/04 12:39 PM as a reply to Miodrag Vidanovic.
yes but not allways.
question is why were you fired.
if you were fired because firma did not have enough Vertrags to keep you, than it is same as when firma goes bankrupt.
But if they fire you because you are inadequate, than you are treated much worse.
For example you don't get ALG (I think).
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Re: No-job-treatment
Answer
12/28/04 3:49 PM as a reply to Miodrag Vidanovic.
The main difference is if the job loss was caused by yourself, or if it was casued by reasons beyond your control.

It is "self-inflicted" if you:
-Sign an aufhebungsvertrag
-Quit
-Accept a Kündigung without fighting back

It is not "self inflicted" if:
-Company goes bankrupt
-You are fired, and the betriebsrat agrees

I think everything is handled case by case.

You also may get penalties if you don't report to the Arbeitsagentur as soon as you hear that you will loose your job.

In the first case they will not pay you Arbeitslosengeld for a specific period of time, I think three months (maybe more), and this will be deducted from the 12 months that you are entitled to (you will only get it for 9 months).

Regards,
-a
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Re: No-job-treatment
Answer
12/28/04 4:16 PM as a reply to Miodrag Vidanovic.
Hmmm.. What happens then if you have a timely-limited contract and the company simply does not extend it after your contract expires ?
in this case:
-> You are not fired.
-> You dont quit.
-> You dont have any chance to fight back etc..

Would such a person get unemployment benefit without problems ? is there anyone who had a similar situation ?

Regards

Lacrima
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Re: No-job-treatment
Answer
12/28/04 4:27 PM as a reply to Miodrag Vidanovic.
Yes, you get ALG if contract is simply over.
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Re: No-job-treatment
Answer
12/28/04 4:41 PM as a reply to Miodrag Vidanovic.
Ok, but is there any difference in the procedure if the company goes bankrupt? As soon as it is declared, I have to report to Arbeitsagentur? Or Auslanderamt if that happens after 1.1.05? And then what? Ask for a jobseeking visa (I'm longer than 4 years here)?

Ok, I'm searching for a new job, but I can't be sure who'll be faster here, me or the bankruptcy. So I have to take this scenario as possible and see what is the right (legal) procedure in this specific case.
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