Dear Friends,

Please help me by writing your expert comments in this special situation:

I am working since August-2008 as full-time (unlimited contract) employee in a GMBH with 3 months of notice period.

I knew (verbally only) about financial problem in our company. Today (26 Aug 2010) I got this letter from my company:

"Kündigung des Arbeitsverhältnisses bei der X-GmbH"

"da eine Weiterbeschäftigung für uns wegen der aktuellen Auftragslage unzumutbar ist, kündigen wir das mit ihnen besthehende Arbeitsverhältnis hiermit zum 31 Aug 2010."

And asked me to report to Arbeitsamt with this letter.

Now, my question is that what about my notice period of 3 months?

Will the Arbeitsamt officer accept this and allow me to get Arbeitslosgeld?

Is there any way to avoid Arbeitsamt for next 3 months of notice period (sept+oct+nov 2010) and get the salary from company?

Any suggestion will be highly appreciated..

Regards,
Ramsam

First, you should indeed report to Arbeitsamt.
Whether you are eligible for employment benefits right away depends on your legal alien status.


http://www.trust7.com/en/foren/visa_questions/stuck_between_auslaenderbehoerd_and_arbeitsagentur/re_stuck_between_auslaenderbehoerd_and_arbeitsagentur__33

If you have a settlement permit you qualify since you worked more than 12 months.

The info in the following link

http://www.trust7.com/en/foren/help_needed/employment_termination_via_mutual_agreement/re_employment_termination_via_mutual_agreement__4

could be relevant if Dissmisal Protection law (Kündigungsschutzgesetz) is applicable, i.e usually if there are more than 10 employees in your company as your work began after 31st of December 2003 ( for employees who started work before this date, more than five employees could be sufficient)

http://www.gesetze-im-internet.de/kschg/__23.html

Of course, even if the protective elements of the Kündigungsschutzgesetz are not applicable, one is protected against wilful and arbitrary dismissal or dismissal based on discrimination (AGG), but the protective bar is much higher in the cases where Dissmissal Protection is applicable.

The employer has to observe the notice period.

For this period you are entitled to your salary even if you do not go to work after receiving the termination notice. Here you can file suit against the employer. As this can take some time, you can seek unemployment benefit as soon as the employer stops employing and paying you.