Employment notice periods (Kündigungfrist)

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Anyone have experience with handing in notice? I am hoping and praying that a recent job interview will end this nightmare.

 

Just browsing through my contract though looking for my period notice (which I presumed was the standard three months) I discovered that it is the following:

 

 

... mit einer Kündigungsfrist von sechs Wochen zum Quartalsende

I am presuming that this means I have to hand in notice a minimum of six weeks before the end of this quarter, otherwise the end of the next quarter will apply, but who knows?

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That's exactly what that means - get a calendar, count 43 days back from end of quarter and that's the last day you can resign on in that quarter.

 

Resign when you like, but officially you won't get out of the contract quicker as that was listed in the contract which you agreed to. Had no limit been stated then either the BGB (§ 622 Abs. 2) or Tarif agreement for your industry would have applied. Which you might well find harsh but this length of liability would have also been the case should you have been laid off so it works both ways. Now it may be possible to get out of your contract earlier if your current employer allows you to, this would mean signing an "Aufhebungsvertrag" but you should think hard and possibly get advice before you sign - should the other offer fall through you will not get any unemployment benefit for up to 3 months as you will have become voluntarily unemployed. Some employers link Aufhebungsverträge to other conditions such as "gardening leave" - a fixed period of paid non-work - or to not working for a direct competitor - very rarely and possibly wouldn't stand up in court. See some excellent

advice about Aufhebungsvertäge.

 

Your employer is not obliged to let you go earlier though so ask nicely, offer a smooth handover and do your job as usual - although legally you can't be obviously butchered in a reference, it can come back on you big style.

 

Good Luck,

Katrina

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I have a question concerning the kündigungfrist zeit.

 

I have not enjoyed my position since January and I discussed last month with my boss that I will be looking for another position. I went in his office today and handed him my letter for my kündigung. He asked if I was sure I wanted to do this, because he said it can be problematic concerning arbeitslösegeld. He said, that if either I or my employer (him) end the contract, it can be problematic with getting this. He said that he will speak with the Human Resource department whether we can do a auflösung (or something that sounded like that) where we mutually agree to end the contract at any date that I want. He said this way I could apply for arbeitslösung geld. My question is that did not even consider this arbeitslöse money in my factoring into looking for a new position. I was planning on looking back in the US, since it would be easier.

 

Could I still claim arbietslöse money while I am looking for a position while in the US? Must I still be a resident here in Germany? My visa is tied to my Arbeitsgeber, so if I am no longer employed by my employer is my visa invalid-currently it is valid until October 2007?

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I also had a job interview last week and want to know when my Kündigungsfrist is. I always assumed it was 3 months, but since it doesn't state in my contract anything about a certain timelimit (only "nach den gesetzlichen Vorschriften"), I'd like to know what's possible and what's not. It would also be unlucky for me if I had to pay back the half of the 13th month Gehalt I'll receive at the end of this month because I didn't leave my job "nach gesetzlichen Vorschriften". Anyways, any comments or suggestions are welcome.

 

Regards,

Jumpman Pro

 

P.S. I'm also interested in the answers any TT'ers may have to brokenm's above q's regarding Arbeits- and Aufenthaltserlaubnis/Genehmigung.

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if you quit your job on your own accord, then you are not eligible for unemployment payments for 3 months.

 

 

He asked if I was sure I wanted to do this, because he said it can be problematic concerning arbeitslösegeld.

see my comment above.

 

He said, that if either I or my employer (him) end the contract, it can be problematic with getting this.

if he fires you, then you are entitled to unemployment benefits as soon as you are out on your ass.

 

He said that he will speak with the Human Resource department whether we can do a auflösung (or something that sounded like that) where we mutually agree to end the contract at any date that I want. He said this way I could apply for arbeitslösung geld.

i don't think so. when i signed an aufhebegungsvertrag with my last company, i took the risk of being ineligible for unemployment money for the minimum 3 months as set up by the unemploymetn office and the notice period listed in my contract, so in my case, 9 months. this was the info i got from my lawyer.

check this. maybe your boss just has no clue.

 

Could I still claim arbietslöse money while I am looking for a position while in the US? Must I still be a resident here in Germany?

i don't know

 

My visa is tied to my Arbeitsgeber, so if I am no longer employed by my employer is my visa invalid-currently it is valid until October 2007?

once you quit, you no longer have a valid visa since they (residence permit & work permit) are tied to a job & company you will no longer be with.

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i always thought the meaning of "arbeitslöse" means unemployed i.e. when the company terminates your service with them, not you with them. interesting what i'm reading here.

 

and arbeitslösung geld that we are made to pay into every month doesn't benefit us non-Germans anyway, because our visa i.e. our "rights" to remain in Germany is tied to the job. without a visa to remain in Germany, we cannot claim any German unemployment benefit.

 

so some of my German friends already said "Danke schön" for contributing towards their unemployment funds.

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That depends on your status as a non-German. I would get benefits if I were to be laid off, but apparently that's not going to happen no matter how much I beg them <_< .

Well, I could do something really stupid and get fired, but benefits are blocked for 6 weeks or so in that case as well.

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He said, that if either I or my employer (him) end the contract, it can be problematic with getting this (unemployment benefits)

are there any other ways of ending a contract? (apart from the company going out of business perhaps)?? :blink:

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Layoffs. Department closings. It can't be your fault and you can't quit. the company is also obligated to try and find you another internal position or comperable position and lay off people according to "socially acceptable criteria". So head of household with young children who has been with the company is last to be laid off, first to go is single person with no dependants and hasn't been with the company for more than a couple years.

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and arbeitslösung geld that we are made to pay into every month doesn't benefit us non-Germans anyway, because our visa i.e. our "rights" to remain in Germany is tied to the job. without a visa to remain in Germany, we cannot claim any German unemployment benefit.

 

so some of my German friends already said "Danke schön" for contributing towards their unemployment funds.

AFAIK that's not quite true, a friend of mine went Arbeitlos for 7 months and during those time she got a monthly arbeitsloesegeld but less than what you'd get if you're fired, as she quited her job. Anyhow from what I've heard you can tell auslandsamt or whatever amts which responsible for your visa that you're in the phase of looking for new job, I think there's a law or some rules which in favour of us (non-german) but of cuz the period of the extended visa will mainly depend on their decision (or there's a fix period which I don't know)

 

I can ask her for more information, if anyone want to know.

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Layoffs. Department closings

isn't that covered by the employer ending the contract?

 

 

and arbeitslösung geld that we are made to pay into every month doesn't benefit us non-Germans anyway, because our visa i.e. our "rights" to remain in Germany is tied to the job. without a visa to remain in Germany, we cannot claim any German unemployment benefit

some of us non-Germans don't need a visa to stay here :)

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AFAIK that's not quite true, a friend of mine went Arbeitlos for 7 months and during those time she got a monthly arbeitsloesegeld but less than what you'd get if you're fired, as she quited her job...I can ask her for more information, if anyone want to know.

Yes, please. Now that you got my attention :) Never ever thought that if I quit my job, I can get Arbeitlosen geld!

 

 

some of us non-Germans don't need a visa to stay here

AH! Some privileged people here. OK. How about non-Germans who are here with visa tied to their work employment?? How do you manage to stay here & claim unemployment benefits? Anyone?? And what about claiming pension? How to get a visa to retire here so that you can claim the pension you paid while working here, i.e. if you are not married to a German or have not lived here long enough to apply for a "Niederlassung"-whatever permit??

 

Must know my options & take advantage of paid-contribution if it ever happens! :ph34r:

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And what about claiming pension? How to get a visa to retire here so that you can claim the pension you paid while working here, i.e. if you are not married to a German or have not lived here long enough to apply for a "Niederlassung"-whatever permit??

I do believe that pensions are also paid out to people residing abroad. So even if you do not live in Germany, you can still collect your pension money.

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Can anyone out there help me? I am in a probation period in a new job, but it sucks, and I have got another job.

 

However, my contract is really not clear on my notice period and whether I have to pay any costs back to the company (for hotels etc.). :blink:

 

 

Der Vertrag wird auf unbestimmte Zeit geschlossen. Die ersten 6 Monate gelten als Probezeit. Während dieser Zeit kann das Dienstverhältnis mit einer Frist von 1 Monaten zum Ende eines Kalendermonats beendet werden

Many thanks.

 

Topics merged by admin

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your notice period is 1 month from the end of the current month. I doubt you have to pay costs back (I assume you mean hotels for business trips)

 

EDIT ie you have to work at you current place until the end of August. If you hand in your notice after next Monday though you will be contracted to your current employer until the end of September

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Thanks for that.

 

The costs I mean are for a flat they've paid for for the last 4 months.

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It doesn't state anything in the contract about this.

 

Die Firma übernimmt die Umzugskosten gegen Beleg bis zum Höchstbetrag von 2.500,- € (brutto) innerhalb der ersten 6 Monate des Arbeitsverhält-nisses.

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This translates to "The company agrees to reimburse .. moving costs up to 2500 Euro net within the 1st 6 months of the employment contract..."

 

Does this sentence continue or ?

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you're probably ok then if there is nothing in the contract. They might be annoyed but, legally, there is little they can do about it I should think

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