Changing mind about a job before starting

41 posts in this topic

Hello

 

Could you please what is German law according to the situation when job-contract is signed

but the person(employee) changes mind.

 

In the contract nothing specified about this.

 

Do anybody knows?

 

(In my company one employee just has not appeared on agreed date, I snot know if he was sued or not).

 

Thanks

 

P.S.

I know this is not the best behavior.

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In the contract nothing specified about this.

Are you sure about this? Most employment contracts have a standard clause that rules out termination before commencement of employment, upon financial penalty (something like "Kündigung vor Arbeitseintritt is ausgeschlossen").

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I would guess that a standard work contract would include a Probezeit. Depending on that clause you could just go in your first day to hand in your resignation for any reason without notice or penalty.

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In the Probezeit, the standard notice period is two weeks though, so there would need to be some work done before leaving would be possible.

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In the contract nothing specified about this.

 

You have since informed us that is it specified. Let's go back to your first assumption:

 

In that case you have to terminate within the normal termination period, e.g. with a month's notice or whatever the contract says about normal termination. I did this once, the future non-employer accepted, everyone was happy.

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I know someone who did this.

 

He gave notice on his first day & then had to work his 2 weeks notice before going back to his old job.

He had tried to get out of the contract before starting but the new company held him to it & made him work the 2 weeks to teach him a lesson.

 

I don't think anyone was particularly impressed!

 

The moral is: make sure you are 100% about the job before signing the bloody contract.

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I was in a similar situation, not wanting to start a new job for which I signed a contract, a little while ago and, afaik, the alternatives were those:

 

 



  1. talk to the new employer and hope they understand (worked for me luckily)
  2. don't show up on the day you are supposed to start (and continue your old job for example), but send them them your resignation instead -> the new employer can sue you for damages, normally that would be the money it costs them to hire a replacement for you for the time of your notice period. If they don't pay you for the 2 weeks, as you never showed up, it would only be the money they would need to spend more than your regular salary for 2 weeks would have been, e.g. if they find a replacement for less money than they would have paid you, they cannot claim anything.
  3. start the new job, hand in your notice right away and leave after 2 weeks - be prepared for 2 weeks of rather stupid tasks and if you were actually planning to continue your old job, there might be some problems with your old employer. You would need to re-sign there and be re-hired later. This could mean a new contract with different conditions and might also have impact on other benefits the old employer offers, like a private pension scheme etc.
.
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Have three or four beers before you walk in for the first day; they're unlikely to want you to even finish out the day much less any two-week notice period.

 

woof.

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Have three or four beers before you walk in for the first day; they're unlikely to want you to even finish out the day much less any two-week notice period.

 

woof.

:D:ph34r: :D

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Most employment contracts have a standard clause that rules out termination before commencement of employment, upon financial penalty

 

Depends. My last contract actually specifically stated that not appearing on the first day retroactively voided the contract and all agreements between employer and employee ("im Falle des Nichtantritts gilt der Vertrag als nicht geschlossen..."). Without me making that a condition for signing (which i would have).

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Hello everybody,

 

I've found a few topics on "not going to work", or "leaving earlier - dropping work while on notice", but found no answer to my question.

 

I got a job contract with a new company last week, with 7 days to consider whether I want to sign it. I had some serious doubts about the company, but my present job is so boring that I signed it anyway.

 

In the meantime comes another headhunter, way more professional, one who understands my profile much better and wants to meet me soon. I have a gut feeling that if he has something for me, it would be much better to work for him. But then I have already signed the earlier contract.

 

What would happen if I simply told the first company that I'm not going to show up?

 

[adminmerge][/adminmerge]

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In all probability, nothing, but without knowing the details of your contract, we can't say for sure.

 

Again in all probability, you have a "Probezeit" of up to 6 months agreed in your contract. In this case, you can give (subject to agreement to the contrary - which cannot be to the detriment of the employee) 2 weeks notice of termination without a reason, and the employer can as well. This means in practice, that as long as you don't start your new job within the next 2 weeks, you can terminate the contract now and can't be expected to turn up for work (naturally, you also can't expect to get paid for the work you are no longer going to do). If there is no Probezeit agreed and you are due to start the job within the prescribed notice period, then things could be more complicated. Legally speaking, the new employer might be able to get some compensation off you. In practice, the likelihood of them doing this is not usually very high (well, some companies specialise in doing crappy things like that).

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As Scoffer has noted, it's impossible to say without knowing what is specifically in your work contract.

 

Many firms include a standard clause in work contracts stating that you cannot quit before starting your contract (i.e. after signing and before 1st day of work). In my experience, they will and do follow procedure and you can incur fines that could put quite a financial crimp in your life. Better to start as agreed, and take advantage of the short notice period in the Probezeit, while you sort out whether that other offer really is that much more promising.

 

For more info, try reading some of these threads.

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Hi, thanks for the replies.

 

Please remember that I'm talking about not showing up for work, rather than quitting.

 

I have gone through the contract, and there is nothing like "one month's salary for dropping the job". I have a three-month trial period, and within that, one month notice time, plus quitting before the contract starts is "ausgeschlossen" from both sides. So in the absence of a specific contract between the parties, normal civil law/employment law would apply. And that's what I would like to know.

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LMB, there doesn't need to be a contractual agreement specifying compensation for you to be liable for compensation. If you agree to do something (employment contract) and don't do it, you can theoretically be sued and ordered to pay compensation because you didn't fulfil your part of the contract.

 

If you've signed an employment contract and no longer intend to take up the position, you should indicate your intention to cancel the contract to the other party, in writing, by registered post. At the earliest opportunity. It's Monday tomorrow, a working day, so do it tomorrow. Simultaneously telephone them and say you're very sorry, but you've decided not to join them at this time. Even though you've not yet taken up the position, you do need to resign it. It is not a good idea (and irrespective of legal nonsense it is unfair on the employer) to simply not turn up. Be a good human and tell these people, as soon as possible, that you are declining their offer and cancelling any contractual arrangements already entered into.

 

What happens afterwards is to some extent in the lap of the gods (but the earlier you move the better for you). Maybe the employer is an arsehole who will squeeze every penny of compensation out of you. More likely, they have better things to do, shit happens, and they will just put you on their list of people not to offer jobs to in future.

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I don't know German law or employment practices. However, because life doesn't always happen the way we want it to, I, personally, would make sure that the other headhunter actually has a job that will be offered. It would not be fun to quit one job to start another. Then tell the other job you changed your mind and find out that a third job is not really being offered. Then you are without any job and there are two employers that may not ever offer you a job again.

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Hello,

 

I had initially posted this on another thread, but this thread is more appropriate.

 

I have received a job offer and after some negotiations over the telephone with the firm and the recruiter, I have verbally accepted their offer. I still haven't signed the contract. Actually I haven't even received the contract in the mail yet. That should be either tomorrow or the day after.

 

Literally 5 minutes after I hung up the phone with the recruiter, I got a phone call from another recruiter informing me about a potential job where I could earn significantly more than what the other firm is offering and so I am now considering this other job.

 

I admit that I have verbally agreed to the contract, but I haven't signed anything.

 

What would happen if I am offered this other higher paying job and I accept and inform the first company that I am no longer interested in their offer?

 

Is my verbal agreement binding? I also received an email from the HR department with the attached contract where she wrote something like "Thank you for accepting our offer and we look forward to you joining our team".

 

I wouldn't retract the first job until I am offered this second job, but I wanted to know if there would be any consequences if I did.

 

Thanks.

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AFAIK work contracts in Germany, unlike f.e. Switzerland, need to be written and signed, they cannot be simple verbal contracts.

The secretary's email is irrelevant, they cannot claim you accepted the contract just because their secretary says so. :D

If I were you I'd stall the first offer for as long as possible and see how the second offer pans out, I wouldn't actually sign either contract until I'm 100% sure of my choice.

 

Ciao,

 

Dg800

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