Hi all,

My friend is been in Germany since September 2003. He was a student from Sep 2003 till 1st December 2005 and was doing student jobs for those two years.

He is doing a fulltime graduate job in a company since 15. December 2006 with limited contract. It seems that the company found a german guy for his Job and they no longer need him! They told my friend in the morning about his Kündigung and gave him two options:

1) He has to leave the company by 31. october 2006, but he don't need to work from tomorrow. He'll get paid the full salary (3000€ per month Brutto) for October.

2) He can work till the end of March 2006, but he gets only 1200€ per month as Brutto!

They want him to decide right today and sign some papers! He says that he will sign the second option if they urge to sign him today! I asked him to wait atleast till wednesday to say them a decision.

1) Is it not by contract that one has the right to stay for atleast 3 months with the same salary after he gets the Kündigung?

2) He is paying Arbeitslosengeld since 15th December 2005. Is there a chance that he gets Arbeitslosengeld?

3) Will his Visa be extended for atleast next 6 months?

4) Is it advisable to go to a lawyer regarding the "Kündigungschutz" ?

My friend is interested to stay here in DE, get arbeitslosengeld atleast for 3 to 6 months so that he can find another Job.

Please advise.

Hi
First of all without knowing the conditions of the work-contract, we can only speculate here. So please read the work-contract and find out what is written there regarding the termination of the contract for both parties. In limited contracts, there is usually no "Kündigungschutz" and it is important to know what was aggreed in the contract for the termination.

So the answers:

1-) It depends on the conditions in the contract. Please read it.

2-) If he is paying the Arbeitslosigkeitsversicherung for less than a year, than the answer is NO. (Ask him whether he paid ALG Insurance during the student jobs)

3-) It depends on the clause on his residence permit. If it is bound to company.( Like "Erlischt mit Beendigung der Tätigkeit" ) Probably no, as he has also no right to get ALG.

4-) Well.. read the contract first. A lawyer can do also nothing, if he signed a contract saying that he has one month of notice for the termination. (As they offered 31. October, I can imagine that he has one month notice in the contract.. if it is so, then it is perfectly legal what the company is doing..)

Regards,

Lacrima

It looks like the paper they are asking him to sign is what is called an Aufhebungsvertrag and if he signs it, he will be out of unemployment benefits for 3 months.

I also got twice such an offer from two of my previous company. For the first, I signed it without knowing the implecations of it and the second time, I simply didn't signed it and asked them to fire me (because I knew that I would sue them by after).

D.

I dont know the name of the paper what Nobody is talking about. (@Nobody: Actuall you shd be knowing, since you signed them twice! ;-) )

But if you sign it, then you agree that you leave the company on your own wish, and thus not eligible for ALG for the next three months.

@fred

I only signed it once, I won't be into that trick anymore :-) And I already updated my post with the name of the paper in question ;-)

It's a subtile thing because not everyone knows that signing an Aufhebungsvertrag will get you out of unemployment benefits for a certain amount of time, I knew it on the night I had to think about the second time they gave it to me and I knew about it after speaking with the g/f of my supervisor who used to work for Arbeitsamt back in the days.

D.

My friend seems to have the contract kündigung notice period for only one month.

He signed for the second option, agreeing for 1350€ per month. This will be for the 6 months, starting from November '06. During this time, he may shift to another job at anytime.

Strange thing is that the company wanted him to take the Job desperately on December '05 and now when they found another german, they want to kick him off!

Anyway, thank you all for your time.

"Strange thing is that the company wanted him to take the Job desperately on December '05 and now when they found another german, they want to kick him off!"


Sorry, but I laught so laudly and got tears in my eyes.
Oh Goad this is so funny!

I am so sorry.
I did not mean to be rude and so nasty, but seeing my experience and all what has happened to me (and maybe to someone else - I bet) I just had laught.
I am really sorry.
It was not OK to wrote that.
I wish to your friend all best....