Several months of salary due

9 posts in this topic

I have several months of salary dues (>3) from my current employer. Company

has severe financial difficulties now and expecting next project in few months time.

I would like to seek another job during this time. Since I have more than 3 months

of salary claims, I think I have the rights to get "Arbeitslosengeld", with out

losing 3 months of waiting period.

If I apply for "Arbeitslosengeld", would it cause any harm for the employer?

After receiving the benefits, or getting a new job, Can I still claim pending

salaries? I haven't received last few months salary slips, Would it be required

for applying "Arbeitslosengeld"?

 

I have read this topic about Mahnbescheid

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Since I have more than 3 months of salary claims, I think I have the rights to get "Arbeitslosengeld", with out losing 3 months of waiting period.

It doesn't work that way. Unemployment payments are not intended to replace missing salary, they are granted to people without a job.

 

 

If I apply for "Arbeitslosengeld", would it cause any harm for the employer?

 

No. Just to you because you will be refused.

 

 

After receiving the benefits, or getting a new job, Can I still claim pending salaries?

No, see my first response.

 

 

I have read this topic about Mahnbescheid

Have you taken the appropriate action?

 

If your employer cannot pay your salary he is probably also not paying your health insurance and other dues. Get in touch with your insurance asap and ask.

 

In general, if your employer is not fulfilling his financial obligations he is probably insolvent and delinquent in registering with the insolvency court. If he is insolvent you can receive your due salary from the insolvency executor.

 

You might want to ask your boss outright if the company is insolvent. It might prompt him to pay you after all.

 

Disclaimer: I am not a lawyer. Please have all legal advice you receive here verified by a legal professional.

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Sarabyrd, I think they might have changed that since you last looked into it. If you have an Arbeitsvertrag and the employer ows you salary you can apply for Arbeitslosengeld, and they will pay health insurance and Arbeitslosengeld.

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Thank you, I didn't get the email (strange, Creditreform's magazine must have mentioned it somewhere, I must have missed it).

 

But the Mahnbescheid or insolvency track are possibly more effective in forcing either payment or insolvency action.

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Provided you announce properly to the employer that you will no longer work for him until paid (Zurückbehaltungsrecht) you can then apply for Arbeitslosengeld to bridge the gap until your work resumes. Talk to your Arbeitsagentur first though. Should the situation continue you should be able to cancel your contract fristlos without getting a Sperrfrist, but you should also discuss this with the Arbeitsagentur.

 

The salary claim (for the period you receive benefits, until situation is resolved or contract dissolved) would be divided: The Arbeitsagentur gets a claim towards your employer amounting to the benefits they pay you, any excess would be up to you to claim. Previous salary claims would remain yours.

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Some years ago, the Job Centre and the department dealing with state benefits were combined which is why you have to go the Job Centre if you are in need of financial help from the state. The Name Job Centre is a bit misleading because it implies that it only deals with people looking for work but this is not so.

 

You are obliged to register with the Job Centre as soon as you have a written notice of dismissal and no other job to go to not on you last day of employment with the company.

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... no, he needs to go to the Arbeitsagentur, not the Jobcenter. This is an ALG1 matter, not ALG2.

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I called Arbeitsagentur, he told if I need a financial help, I should contact Job-center, I may contact Arbeitsagentur after deciding resignation.

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