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Employment contract problems due to pregnancy

Advice on a legal situation and options

Toytown Germany > Discussion forum > South Germany > Munich > Life in Munich
georgieinmunchen
hi there
I have a serious topic, and want to start with a disclaimer that I dont need feedback on what a /&&%% my company is (I have been through that already :.), am mostly interested in legal feedback, but would certainly appreciate any feedback on how I find out what my legal rights are.

I was headhunted for a job in munich 2 years ago, and moved here from Australia. My boss gave me a 2 year contract ending in October 2008, at the time, he said that this was the minimum amount of time that he wanted me to stay to make it worth the company bringing me over with all related expenses. Based on this, currently my Work permit and residency permit both expire in October 2008. Since I moved here my boss has frequently talked about when we need to extend my contract.
I have recently found out that I am pregnant, (not exactly planned, but Im not complaining), with a baby due in december, and have told my boss that I want him to renew my contract now, so I know that I will get maternity leave, and the security that I have a job to come back to.
However, he has said that the company dont want to renew my contract, unless I sign something saying I promise to come back 3 months after the baby is born.
In reality I want to take at least 6 months off.
I would take a guess that this isnt exactly legal, and although I appreciate why having to pay maternity leave is a concern for a small company.
I need to add that we are still in negotiation on this, I only told him 2 weeks ago, and we have meetings to discuss in the next week.

So to add another twist to the story, my BF lives in sweden, and I would like to move there ( I was hoping to work remotely as a german employee based in sweden before this happened).
I regularly get offered other jobs in sweden, I have 6 weeks leave owing, so I could resign straight away and move to a swedish company, I think you need to have worked somewhere for 12 months to be elgiible for materntiy leave. But I do know the other companies are much more family freindly, and might be a better option, even though I would effectively have to pay for my own leave.

So the questions I have are:
- Does anyone know who I would talk to to understand what my rights are as a foreginer working here in this situation? i.e, what happens with my visa expiring before the baby is due (and too late for me to fly back to australia)
- Does my company really end up paying the first 3 months of my maternity leave? this seems to be the main driver for their decisions
- If my contract runs out in october and I work till then, will I be eligible for the second part of my maternity leave, the part that the government pays (65% of my salary up to 1800 Euros per month), and what obligations will my current boss have if any?
- can you be located somewhere else during payment of my maternity leave, as due to my visa expiring I might actually need to move to sweden soon
- Any employment laywers out there I can talk to?

cheers
georgie
gideon
Get married if BF is a EU citizen, move to Sweden get a new job there after 6 months looking after your baby. Sod the job here, you've more important things to worry about than signing your rights away, and if the company reacts like this now how are they going to act when after three months when you're a single mum in Munich?
silty1
Google is your buddy. simply tying in employment lawyer munich up comes this
z-man99
You need to get advice from a lawyer specialized in "Arbeitsrecht". There are 2 possible sources:
http://www.rechtsanwaltskammer-muenchen.de/
http://www.rechtsanwaltskammer-muenchen.de...erzeichnis.html
or
www.gelbeseiten.de (the yellow pages)

The topic is also Mutterschutz (your rights during pregnancy)

Sorry I don't know any lawyer in that field that I would recommend.
Mik Dickinson
Listen lass i know of a shit hot Lawyer on Arbeitsrecht in Münich.He has at the moment got 72 cases going against our company.6 he already won in court will P.M. you with the details.
fraufruit
Georgie,

If you had a do-over, would you tell your boss you are pregant before asking for the extension? Were you compelled to do so legally?

It is what it is and could be a lesson for others.

Sorry this is happening at such a joyful time and congrats on the upcoming event!

Fruity
DickyD
I can recommend :

Kristina Schweier
Rechtsanwaeltin
Fachanwaeltin fuer Arbeitsrecht

Kanzlei fuer Arbeitsrecht Schweier
Ismaninger Strasse 98
81675 Munich
Germany
Phone +49 (0) 89 / 95 95 18 70
Fax +49 (0) 89 / 95 95 18 71
kanzlei@german-employment-law.com
www.german-employment-law.com

I had some issues with an employer here in Munich, this lawyer was great she got me everythign I asked for. She has practised law in the US as well as Germany so her English is really good, but being German she has all the tricks of the trade from the German side. Good luck
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