Getting fired with an unlimited contract

114 posts in this topic

Just now, zwiebelfisch said:

Ask them yourself.  Dont trust the guy firing you to do it.

 

If the betreibsrat wont help then you are pretty much left needing a lawyer.

i will ask them then

 

thanks for your prompt replies

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55 minutes ago, Cash1 said:

I dont want reference letter anyway, all i want is to give them a tough time because whatever they are doing is in my opinion not fair.

 

It really doesn't matter whether or not you think it is fair. There is not much that you can do to get back at them. You don't have legal insurance, how much are you willing to spend fighting this?

 

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and one more question, is the employer is allowed to fire someone who is having an unlimited contract?

 

Job protection provided by law only kicks in after 6 months.

 

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without having any solid reason or proof?

 

Within the first 6 months of employment? Yes.

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1 minute ago, engelchen said:

 

It really doesn't matter whether or not you think it is fair. There is not much that you can do to get back at them. You don't have legal insurance, how much are you willing to spend fighting this?

 

actually i dont want to spend a lot on fighting

however it would be nice if this could linger on for few months, so i could find another job in the meantime and also get paid my salary from the company

 

 

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1 minute ago, zwiebelfisch said:

 

even if the Probezeit is set to 3 months?

 

Yes, because it is not quite the same thing.

 

The job protection offered under German law kicks in after 6 months of continuous employment with the same employer regardless of the probationary period referred to in the contract.

 

 

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3 minutes ago, Cash1 said:

actually i dont want to spend a lot on fighting

however it would be nice if this could linger on for few months, so i could find another job in the meantime and also get paid my salary from the company

 

You've worked less than 6 months and you've been offered two months salary without working. How much more do you expect? :wacko:

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1 minute ago, engelchen said:

 

You've worked less than 6 months and you've been offered two months salary without working. How much more do you expect? :wacko:

I am not greedy, but i would like to buy some time to find another job.

maybe i get a job in a month, but i cant be sure

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On 12.1.2020, 21:00:03, Cash1 said:

I am not greedy, but i would like to buy some time to find another job.

maybe i get a job in a month, but i cant be sure

 

Just because you want/need the money does not mean that you are going to get more.

 

Before you waste money that you don't seem to have, I would recommend trying your Betriebsrat as well as the union who negotiated your collective bargaining agreement.

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Hi, I was wondering if it would be okay to piggy-back on this topic?

I've been let go on an unlimited contract. And that's fine. I have a residence permit based on marriage allowing me to work in Germany. So that's the easy part.

Just want to double check my facts:

1) Do I need to call the Arbeitsamt within 3 days of receiving notice in case I do not find a new job?

2) Do I need to contact the Ausländerbehörde and notify them?

3) Once I have a new job, do I have to notify everyone again?

 

Is there anything else I need to do?

 

If this is in the wrong place, or I used the search tool like an idiot, please feel free to let me know or to move my reply.

 

Any help would be appreciated.

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13 minutes ago, SpongeOver said:

Hi, I was wondering if it would be okay to piggy-back on this topic?

I've been let go on an unlimited contract. And that's fine. I have a residence permit based on marriage allowing me to work in Germany. So that's the easy part.

Just want to double check my facts:

1) Do I need to call the Arbeitsamt within 3 days of receiving notice in case I do not find a new job?

2) Do I need to contact the Ausländerbehörde and notify them?

3) Once I have a new job, do I have to notify everyone again?

 

Is there anything else I need to do?

 

If this is in the wrong place, or I used the search tool like an idiot, please feel free to let me know or to move my reply.

 

Any help would be appreciated.

 

 

1)   Yes.  You need to register as unemployed and you may also be entitled for unemployment benefits.  Even if not entitled, you should still register.

2)   I'm not sure in your case, as your residency does not depend upon you having work.  So I'm not sure if they care!  Maybe you can ask at the amt.

3)   Yes.  You will have to inform the amt when you have a new job and the start date of that job.  

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1. You notify the Agentur für Arbeit.  (Not the Jobcenter).

2. I guess no.  But I am not 100% sure, never been under such permit.

3. Yes, notify again the Agentur für Arbeit.

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3 minutes ago, Krieg said:

1. You notify the Agentur für Arbeit.  (Not the Jobcenter).

..

 

Ah yes, I should have picked up on that in the post.  Oops!

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On 1/12/2020, 6:55:52, Cash1 said:

Now they are giving me two options:

1. they will terminate me and they will pay me 2 months salary (2 months is my notice period)

2. if i mutually resign then they will provide me a positive reference letter and 2 months salary.

 

So the only difference is if you go quietly, they will write a nicer fake letter? It just shows you how meaningless such letters are if they are willing to fluff one up for an employee they don't want (no offence).

 

Overall, I don't really see any benefit for you in dragging your heels. I get that you're not happy, but I don't think you're in a position to exact revenge. I would just accept the better option, learn my lessons, and get on with my life. Imagine a world where companies/managers were never allowed to remove workers they regard as ineffective. It would be a nightmare. 

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