hello,
While I was working in I.T company in dusseldorf, the company issued me working contract termination which states that my working contract comes to end on june 30th.

Along with working contract termination letter, they gave "abwicklungsvereinbarung", where there is a section "Abfindung". In this section, they offered me some compensation.
Compensation they offer is not satisfactory and right according to legal terms.

At first, I didnt want to enter to legal actions, so I signed the abwicklungvereinbarung and sent the copy back to the company.

But, At very last day, I decided to go to arbeitsrecht and stated my disagreement with kuendigung i received.
On 10th july, I have Gute termine.

Question: Even after signing abwicklungsvereinbarung, can I still argue in the court against the company to either give my job back OR atleast pay more abfindung?
If so, can you help me what should I speak nd what shouldnt i talk over there.


So, now I am arbeitlos.

1. Check the forums on http://www.arbeitslosennetz.de/forum/index.php
There's probably some related cases detailed there and a clarification regarding Abwiklungsvereinbarung. Check exactly what is stated in this vereinbarung. In my case I only signed the confirmation that I received my Kündigung in the written form. That confirmation did not waive my right to complain regarding Kündigung and Abfindung. I was ok with my Abfindung and did not see a lot of future for me in that company so I did not complain. Remember also that any unresolved disputs regarding firing are likely to freeze your ALG I payments for 3 months or so.

2. Some info might be in the publication
http://www.bmas.de/coremedia/generator/1774/property=pdf/a163__kuendigungsschutz.pdf

3. You can always argue in court but you have to check on which matter you gonna argue. Best is to contact the lawyer. If you think your firing was unfair, check the Kündigungfrist written in your contract, reasons stated for Kündigung, ets. If you are not happy with Abfindung, which looks like so, you should be given the calculations of Abfindung. It may legally be as low as a single payment of 0.5 monthly netto salary per year you spent with the company, for example, a single extra monthly payment after working for two years. Plus check that you were paid off the vacations money for the current year if you did not take the vacations yet. There's a lot of ways Abfindungs are calculated so somebody has to see details you've been given.
I would not complain regarding unfair firing since it shows you are not valued enough there to keep you, so you need another place anyway, but would try to get higher Abfindung maybe finding some similar cases on the net. Legal advise could help regarding the strategy on Güte Termin but you have to be more or less certain that lawyers costs will be smaller complared to the possible profits. There's also not much time left till July 10th so good luck with that. Also check

http://www.arbeitsrecht.de/forum/arbeitsrecht/

you can try to work in two directions - move your Kündigungstermine a bit further so you are still considered with the company and payed and try to increase your Abfindung.

First, you took the right step in challenging the notice at all, I strongly hope within the three weeks time line, as a basic requirement in connection with a termination dispute.

I do not tire to reiterate the importance of observing this three week period. The employer will not mention it, but it is essential and indispensable in preserving ones - assumed- rights regarding the validity of the termination.

http://www.trust7.com/en/foren/visa_questions/layoff_-_two_basics

Having done so, you have thus kept your options open for possible negotiations in the so called “Gütetermin”.

As an explanation, “Gütetermin” is a court session in which the court summons both parties to appear and gives them the opportunity to settle their dispute amicably. Only failing an agreement, will there be a next session in court upon which the bench will render a formal decision.

Nonetheless, the court will have to weigh the merits of your case. In accordance to it, it will suggest a resolution of the case or dismiss it because it is obviously unfounded.

The first and most pertinent question will be the one of the ”Abwicklungsvertrag” with its compensation clause. What does it exactly state? What are its terms? Here the possibility exists that the contract does not hinder you to challenge the notice or that the clause does not stand the scrutiny of law.

Other main questions still to be answered are:

1. What were the exact circumstances of entering into it?
2. Did the employer advise you about possible consequences?
3. Do you speak only broken German or German not at all and still the employer knowingly approach you in German only?

If the “Abwicklungsvertrag” does not preclude you from asserting your rights – be it because of the content itself or circumstances that accompanied the conclusion of the contract – the next questions concern the validity of the termination.

To properly answer all those questions it is strongly recommended to seek the help of a lawyer.


Rechtsanwalt_Jain(at)yahoo.de

Friend of mine agreed to sign vertrag last month but at that time he knew he want to go back to India.

Good luck for today