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Found 4 results

  1. Handling a hostile colleague in Germany

    I'm working for a large research firm in Germany in a technical role. For the last year, it has been my dream job. Unfortunately, starting about two months ago, one of my primary coworkers has begun behaving in an extremely toxic manner. He's made a couple of very angry and inappropriate attacks on my competence (via text, so I have then documented.) In our daily work life he has become increasingly passive aggressive (as well as classically aggressive), argumentative, obstructionist, and hostile.   Simply put, he feels (and has told me directly) that even though I'm 10 years his senior in experience and qualifications, I'm incompetent compared to him, and I should be deferring to him in all ways. He has begun actively pursuing a takeover of all my tasks.    We are considered to be in a "flat hierarchy." Neither of us has any official authority over the other, and the project is small - meaning there is no legitimate way to avoid working with him.   I have (today) sent an email to our managers asking for intervention.    My questions are these:  I am American. He is Russian. I know that - in the U.S. - there are certain standards of professional behavior, including how you interact personally with employees. For the most part, I have found the German workplace in agreement with this. But, I'm a stranger in a strange land. In the U.S., his comments to me would be considered insanely inappropriate and aggressive - I believe such much so that (if we were in the U.S.) sending the text copies of our conversations to HR would result in immediate reprimand, if not dismissal.    Q1. However, this is not the U.S.  - and he comes from a different culture. Am I misunderstand, or mishandling the situation? I have tried all the conflict management techniques I know - FROM THE U.S. - and they all have failed. Should I be responding directly to him in a different way?   Q2. In the U.S., as I mentioned, I fully believe his actions would result in immediate reprimand or dismissal. I suspect him being dismissed is nearly impossible under these German employment laws, and that's not what I'm seeking anyway. But do German HR departments involve themselves in these types of things? The impression I get is German HR departments are less about "managing employees" and more about handling hiring and firing paperwork.    Q3. If not HR, whom else, or how else, should I be asking for help with this?   Q4. I'm not sure this can be solved while we remain in a flat hierarchy. While I honestly do not seek to be in a formal leadership role, I also suspect life will be intolerable working with him were he to be placed in a formal leadership role. I know that Germany is highly dependent on certifications and years work for determining position. If the only solution is appointing a "team leader", is it reasonable to insist that I'm appointed the position based on my senior credentials and experience?   Thanks! 
  2. I have a question regarding my Blue Card (I am from the US) and secondary employment. I’m currently working on a project that will result in a product in my free time after work. Soon, I'd like to form an UG with my project partner. He is also non-EU on a Blue Card. My visa is sponsored by my employer and it does not allow me to take up secondary employment (though my employer doesn’t care). I would prefer not to obtain permanent residency, though I know that I am entitled to an "easy" application for it, as I will return to the US within the next 2 years. So, two questions: 1) My Blue Card has an accompanying document (Zusatzblatt) that states "Selbständige Tätigkeit night gestattet. Nach zweijähriger Dauer dieser Beschäftigung ist die Beschäftigung jeder Art gestattet." - Does this mean that I am already allowed to work secondary forms of employment after 2 years? Would that also be enough for me to begin to form my own business entity or must I obtain permanent residency?  2) If I could form an UG without becoming a permanent resident, could I request permission to do so from the authorities (as in, change the Zusatzblatt document to say that secondary forms of employment are allowed)? Any guidance would be much appreciated. Thank you.
  3. TVöD notice period wording

    I have a temporary TVöD contract, and have found the  following information regarding notice period:   Beschäftigungszeit    Kündigungsfrist ------------------            ------------- mehr als 1 Jahr        6 Wochen zum Monatsende mehr als 2 Jahre      3 Monate zum Quartalsende https://oeffentlicher-dienst.info/tvoed/bund/kuendigungsfristen.html   I started working at my organisation on 1st November 2018. My contract is due to be renewed on 1st November 2020.   I'm confused by the "zum Monatsende/Quartalsende" wording - surely the time period alone is enough information? I don't know what this extra bit means.   For example: 1) If I hand my notice in before my current contract ends, e.g., on 30th October, what will my notice period be?   2) If I hand my notice in after 1st November, e.g., on 2nd November, what will my notice period be?
  4. Hey folks. Some US-based partners and I recently started a marketing company here in the US.  We have a colleague who has, in the past, been an incredible sales asset for us in Europe. He lives in Germany, and has just been let go by his previous company and is collecting the arbeitslossgeld (sp?) We would love to bring him into our company in a way that allows his to work with us. So far, we've come up with a few potential ways: 1) As a freelancer, sourcing clients to us, for which we will pay him a commission based on each campaign those clients run with us. 2) He could start a mini-gmbh (UG?) of the same name as our company, but with the German branding / trademark area. We would set up a partnership agreement between our two companies, and clients would engage with our US-based bank account, and we would transfer money to this partner entity as appropriate. Can either of these solutions work, legally? How would they impact his arbeistlossgeld (because it takes months for the actual campaigns to conclude and payment to be received)? If the above methods are not viable, are there alternatives short of hiring him as an official employee of our US company? [We simply don't have the liquid funds on hand to comply with German law for things like health insurance / pension if we tried that route] Thanks!