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