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Regulations for unemployment benefit

51 posts in this topic

Posted

Am working on a limited contract basis for my company and will be let go at the end of November.

 

I have heard from one or two people that the Arbeitsamt has rules about this. One has to register as unemployed exactly 3 months before your contract end to claim full unemployment money.

 

Does anybody have any experience with this?

 

I have already claimed umeployment money 2 years ago while working full time and they fined me because I registered myself unemployed a week after I had gotten notice. Dont want this to happen again.

 

Please advise.

Nu

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Posted

You have to register as soon as you know you'll be let go. "Unverzüglich" is the word for it.

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Posted

Gen's right, the moment you find out that it is likely that the employment will end.

 

I think the "unverzüglich" has since been quantified by means of one or two court cases as being 7 days or less.

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Posted

its three moths notice as you said, if you fail to register with the AA, you wont get your money...

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Posted

@ Gideon: do you have experience with this?

Does it mean 3 months exactly? I'll be ending on the 30.Nov, so I'll have to go and register myself on the 30. August?

 

Do I have to take any papers along already?

 

Thanks for the help,

Nu

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Posted

not me personaly but the company i work for. simply get in touch with your arbeitsamt now before the end of august.

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Posted

It's not necessarily three months notice, it depends on your contract.

As I wrote, it's about when you found out that the employment would end.

 

If you have a contract which only requires one month's notice, then one month is okay, of course.

The Arbeitsamt can be a bunch of bastards, but they don't expect you to be able to see into the future.

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Posted

Well then theoretically I should have informed them when I signed my contract as I knew then that I would only be with the company until November...

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Posted

ok i only know from what happened here and it got messy with court cases and shit. we're talking about temp contracts. they are really strange rules when it comes to them. please believe me and get your bum down to the arbeitsamt.

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Posted

it doesn't matter when you find out, you have to inform the arbeitsamt 3 months before the dated end of your contract or you will lose money in terms of your payout or have to wait 3 months minimum from when you have advised them. my former company's hr dept. were arseholes with reference to my contract ending/ not ending/ being continued and finally cancelled 5 weeks before i fully expected to be given a new one. still waiting for my money...

 

but like my murphy's, i'm not bitter (a-fucking-t-all)

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Posted

I concur with Gideon that in the case of a temp contract, the notice you have to give the Arbeitsamt is 3 months.

 

I saw another Urteil whereby an employee working on a temporary contract, who fully expected this contract to be extended for another year and only 4 weeks before the contract ran out was he informed that this wouldn't be the case. Consequently he was only able to give notice of 4 weeks. The Arbeitsamt tried to reduce his benefits, he took it to court and won (unfortunately I can't find the article at the moment). It all came down to the BGB definition of the word "without delay" ("unverzüglich" = ohne schuldhaftes zögern).

 

Interestingly, the following article from Die Welt indicates that a recent court decision stopped the Arbeitsamt from reducing a person's unemployment money, since this person hadn't known about the 3 month notice period (which was only introduced at the start of 2005):

 

 

Wie nun das Bundessozialgericht entschied, greift die "unverzügliche" Meldepflicht nur, wenn sie dem gekündigten Arbeitnehmer bekannt war. Wer die Regelung "auf Grund unverschuldeter Rechtsunkenntnis" nicht gekannt habe, dem sei auch kein Pflichtverstoß vorzuwerfen, so die Kasseler Richter.

EDIT: Incidentally, the reason this interests me so much is that last year I - completely unaware of the new 3 month notice period - turned up at the Arbeitsamt on the first day of my unemployment, only to find out that I would receive no benefits for 3 months.

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Posted

Oh Shame Jayhay!

 

Thank you for all the information.

 

will get my butt down there asap.

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Posted

Having read the posts above, it appears that I have waited too long to register with the Arbeitsamt as my temporary contract is due to finish at the end of November.

 

As it is highly likely that in 3 months time, I will be back job hunting in the UK (I intend to return at Christmas), does anyone know if I will therefore be able to claim unemployment benefit there ie is there some sort of EU recipricol agreement between the two countries, given that I have paid my taxes here?

 

Finally, as I will be unemployed and living in Germany for December and unable to claim my benefit, what will happen with regards to my medical cover, will I no longer be able to get cover?

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Posted

Trix,

 

It simple actually - you register for Unemployment benefit where you are living albeit Germany. Inform them that you will be looking for a Job in the UK and they will transfer the money via an Unemployment office in the UK. For about 8 weeks you receive the money from Germany and then switch on to the British System. All you have to remember with the EU is that you are treated like a native citizens for all attempts and purposes.

 

I was going to do this about 9 years ago...(as a traveller) and actually put it into practice...sent my Unemployment benefit to Berlin but ended-up in Italy instead. Sometimes they haven't got a clue about the rules in the office so it is as well to gem up so you can inform them of your entitlement...

 

Good Luck.

 

* Citizen but if they have no benefits or very restricted benefits like Italy then you end-up in their system which means you get fcuk all or very little if you are lucky (In Italy your family is responsible for you!!).

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Posted

I don't know about reciprocal agreements, but when it comes to health cover - this goes hand-in-hand with the unemployment payment(s).

 

For any period you are entitled to receive unemployment benefit here in Germany, the Arbeitsamt will also pay your health contributions. If you are in the 3 month exclusion period, then YOU must pay the full contributions yourself during this time.

MT

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Posted

@Trix,

 

You are entitled to unemployment benefit in the UK if you are unintentional unemployed wink wink. It's been a while but unemployment benefit is not subject to Tax contributions so it doesn't matter even if you worked in Germany...how do you think the Nesbits survive in the UK (who haven't done a days work but still get benefits).

 

In my humble opinion, you'd be better to start claiming in Germany and get it transfered than waiting until you get home...but like I say gem up on it as it has been a while since I used the system...

 

PS. There is a great Social Security Office in Newcastle that provide all this type of advice, well woz last time I was researching all this type of thing.

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Posted

Thanks guys for the information it is much appreciated. Between this, de-registering etc, there is a lot to do now!

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Posted

My question is that I have been working here in Germany for over 2.5 years . My contract will will end the end of March 2013

I would like to check in to unemployment benefits. My only problem is that I only speak English. How much trouble will

I have. My job doesn't require me to speak German.

 

Thanks

TA

twa43@msn.com

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Posted

Do you have a German-speaking friend, schooder? Take him/her along! Problem solved. It´s not the end of the world - people do this all the time.

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Posted

Hi all,

I am an indian staying here for doing my PhD and my contract(from BMBF; germany university funding) will end by 31st December2012. I have been getting the pay since 3 years and i went for the ArbeitsAmt and asked them to register me as unemployed. I am not sure whether i would receive Arbeitslosengeld because of being Indian; Even though during my contract period the money for Arbeitslosengeld is deducted from my salary every month.

Will i get any problems from my Visa office in this case. My visa Arbeitserlaubnis states 16Abs3.

Can i receive Arbeitslosengeld(I). If so please give me your experiences or any related you heard about those situations which could help me a lot.

 

Thank you guys.

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