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Need advice after being made redundant

Anyone know a good lawyer?

Toytown Germany > Discussion forum > South Germany > Munich > Life in Munich
leena
So, just been made "betriebsbedingt" redundant, ie. company re-org means my dept. no longer exists in Munich. So, I have some questions about my rights. Can anyone recommend a lawyer, or has anyone been in a similar situation?

I want to know things like, if they make me work out my full 3 month notice period, do I have the right to look for a job and go to interviews? What is the normal redundancy pay package you can expect in Germany?

All advice is welcome.

Cheers
PBB
The unions here such as Verdi or IG Metal provide legal aid as part of their membership benefits. Even if you do not belong to a union, you could probably get a name of good lawyer from them. They also have broschures on workers´
rights, etc.
don_riina
QUOTE
if they make me work out my full 3 month notice period, do I have the right to look for a job and go to interviews

Of course.
Malcolm Spudbury
If your company has a "Betriebsrat" you should speak with them, and they'll be able to answer your questions.

I was made redundant last year. Here are a couple of things from my experience:

1. I don't think they can stop you looking for another job during your notice period.

2. If you do find another job, you may be able to leave before the end of the notice period by signing an "Aufhebungsvertrag". Don't sign this, however, without having it checked by your lawyer and/or the Betriebsrat. Make sure that by signing it you don't invalidate your claim to any compensation.

3. Compensation in my case was based on age, length of service, salary, marital status and number of dependents. The formula used to calculate it was argued between the Betriebsrat and the management for ages.

4. If you intend to claim any government benefits, you have to sign up within a certain period of time after your notice was given. Check the TT unemployment benefits info page.
Katrina
Hiya
You must inform the Arbeitsamt of your pending unemployment within 10 days of you finding out about it. Yes before you become actually unemployed. If you do not do this your benefit can be suspended. Make sure that they give you your Arbeitsbescheinigung - this is not a reference, it is a document detailing your wages and work period (where/how long/from/until...) which you will need to claim benefit (now or in the future).
Don_Riina is correct, you can be held to contract, many companies allow time away for interviews or to make applications, but they are not legally obliged to (morally is another topic entirely). Your company may let you out of your contract early (caution: conditions may be attached) or may offer "gardening leave" (get paid to stay at home), but they are not obliged to. If you are held to contract, continue to do your work and ask permission before using company time/equipment to apply for jobs as should they object and you do this anyway and get caught, you can be liable to an immediate dismissal, which means that your benefit will be blocked for up to 12 weeks and your reference will be full of (well-hidden) less than complimentary text.
I have also been made redundant in Germany but it was during my probationary period with a company that went bankrupt (dot.com -> flop.com) which was slightly different from your situation. I had also worked out an early exit from a contract and as Malcolm wrote, the Betriebsrat (or your union if you are a member) can be a massive help.
Have you been offered an Abfindung (pay-off)? Do not sign any documents without legal advice as this can have serious (tax and benefit) consequences.
If you want information about claiming benefit, there are some threads on this board on the subject.
Good luck,
Katrina
Malcolm Spudbury
One more thing I just remembered: the first 8k of your compensation payoff is tax-free cool.gif
leena
Thanks for all the tips everyone. Will see what happens in the coming days...
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