Our forum is the right place for exchanging infos, searching for help or helping others. Meanwhile there are many thousand posts, so please use our 'Search' function if you are looking for a special topic. 

Because the forum is used more often for unauthorized advertising, we have decided to close it for new posts.

Who still wants to browse the old posts can do this with pleasure.

 

 

Help needed!

Request for legal advise: Urgent

Toggle
Request for legal advise: Urgent
Answer
1/7/10 9:15 PM
I have an employment contract with the below conditions in an international firm,

• XXX is employed as IT Consultant
• The parties agree that <Firmax> may temporarily transfer the employee to any other subsidiary in Germany and the whole world on business requirements on terms and conditions applicable to employees with similar experience in the subsidiary.

• The Employee undertakes to be dedicated and loyal in performing his duties and exploit his abilities, know-how and experience in full for the benefit of the company.
• The Employee undertakes to immediately inform the company of any professional conflict of interest.


• This Agreement will be valid as of October dd, yyyy for indefinite time.
• The Parties to the agreement can terminate this contract with a notice period of 3 months.
• The Company shall be entitled to release the Employee from further activities for the Company on full pay during of this Agreement, in case of technical reasons, especially in case of unconscionable economical debiting, the lack of fields of application of the forfeiture of trust.


• Ammendments and additions of this Agreement including this clause must be in writing to be effective.
• This contract shall be subject to German law.



But suddenly I got the below mail from employer stating to travel back,

As per our discussions as of Mid October 2009 and today I am recommunicating the fact that based on our Engagements Rotation of resources policy you will be getting transferred to the yyyyyyyy(asia). Development center on Friday dd Jan 2010. You can join office in <placex> on the immediate following working day or on a day, within the next 15 calendar days from your last date in our German office, to be communicated by you in advance.

Please bear in mind that so as not to inconvenience our employees with a last minute decision we have always communicated the fact that they are being rotated and provided the tentative date of rotation at least 3 months in advance as was also true in your case where we communicated to you in October 2009 that you will be leaving Germany around end Jan 2010.

In case you have concerns, clarifications or issues in this regards you are welcome to get in touch with me or zzzzz.




Fact is that, they only called me for a short meeting in Nov and asked about my willingness to travel back. I said no. Later they just kept quiet for some time and suddenly they called for a meeting today and asking to travel. I surprised and asked for termination letter. So, without giving the termination letter, they are giving the above mail.

What to do in this case?
Can any one give me a legal advice on this?

If any one tells me how to contact lawyer in this site also fine.
0 (0 Votes)

Re: Request for legal advise: Urgent
Answer
1/7/10 10:50 PM as a reply to rao p.
Do you have an Indian Contract with an added deputation / expat contract ? If so nothing much can be done
0 (0 Votes)

Re: Request for legal advise: Urgent
Answer
1/8/10 12:57 AM as a reply to rao p.
My employement contract is bound to German ristered company only.
(Means the company registered with GmbH name in Germany and my contract is associated to GmbH only)

And I am working in Germany more than 5 Years. Currently having visa NE.
0 (0 Votes)

Recent Bloggers Recent Bloggers

trust7
Posts: 39
Stars: 39
Date: 3/9/19
VAK
Posts: 51
Stars: 124
Date: 2/25/18
trust 7
Posts: 2
Stars: 3
Date: 1/22/18
Ame Elliott
Posts: 2
Stars: 2
Date: 10/21/17
Katja Ponert
Posts: 2
Stars: 3
Date: 11/10/16
Rebecca Müller
Posts: 1
Stars: 2
Date: 9/27/16
Andreas von der Heydt
Posts: 4
Stars: 3
Date: 10/20/14