Sign in to follow this  
Followers 0

quit my job today

30 posts in this topic

Dear all

 

I quit my job today with the 3 months notice period(sent the resignation via post with receipt confirmation)

 

The new firm sent me the contract via email and they told they will send me on paper via post. I should then

sign it and send it back

Some questions

 

1. can my current company say they dont want to honor the 3 month notice period ?

If they do so i wont have money for 3 months since the new job starts in January :(

2. can the new firm who sent me the contract via email say later they dont want me anymore  during these 3 months ?

 

Do i have some legal coverage against 1, 2 ?

1

Share this post


Link to post
Share on other sites

No, that part will be listed in the section on "Probezeit", and will probably be six months or even a year. It's a standard clause if you didn't negotiate anything to the contrary.

 

What the above clause says is that the weekly working hours defined in the contract can be changed to the weekly working hours in the collective agreement by either you or (if they provide a due reason) by the company with three month's notice. In that case, your compensation and contributions to your long-term account will be adjusted accordingly.

1

Share this post


Link to post
Share on other sites
11 minutes ago, TraceKira said:

2016-09-27_20h15_14.png.0d986c302d13043c

 

Can also someone transate this from my new contract ?

Does it means they can fire me in the first 3 months without reason ?

During probation period you can be fired with 2 weeks notice.  Did you quit your job and not know this?

2

Share this post


Link to post
Share on other sites
1 minute ago, RenegadeFurther said:

During probation period you can be fired with 2 weeks notice.  Did you quit your job and not know this?

 

Well i think i can manage the new job . I dont think is in their interest to fire me after i just started

0

Share this post


Link to post
Share on other sites

I looked in contract and i have no Probzeit mentioned . Thats strange. Well i just signed it and sent it via email

I hope i wont get screwed up.

0

Share this post


Link to post
Share on other sites
33 minutes ago, TraceKira said:

I looked in contract and i have no Probzeit mentioned . Thats strange. Well i just signed it

 

 

Do you often sign contracts you don't understand? Anyway ... 

 

Quote

and sent it via email

 

That's not enough. You need to do this:

 

Quote

they will send me on paper via post. I should then sign it and send it back

 

0

Share this post


Link to post
Share on other sites
39 minutes ago, TraceKira said:

 

Well i think i can manage the new job . I dont think is in their interest to fire me after i just started

My OH was headhunted by a super-keen company; they even offered more money than he was asking for cos they were so keen to get him.  After 6 months Probezeit they parted with mutual relief.

 

Sometimes people and companies are just not a good fit (and sometimes companies actually lie through their teeth about what the job is...) and it's in everyone's interest to terminate the contract early rather than allow it to become binding. 

1

Share this post


Link to post
Share on other sites
1 hour ago, TraceKira said:

1. can my current company say they dont want to honor the 3 month notice period ?

If they do so i wont have money for 3 months since the new job starts in January :(

2. can the new firm who sent me the contract via email say later they dont want me anymore  during these 3 months ?

 

Do i have some legal coverage against 1, 2 ?

 

1. No but if they did want to get rid of you sooner, they might try to trick you into signing an aufhebungsvertrag.  Basically if they try to make you sign anything, tell them that you are not ready to sign anything on the spot but you will offer to take it home and think about it.

 

2. You say there is no probezeit?  Googling, I found that in some cases, probezeit may not be mentioned in your contract but your contract may be based on a collective agreement which entails probezeit being a standard thing so you should look for something like that.

2

Share this post


Link to post
Share on other sites

I have a question .The new company asks me to send

"Zeugnis Ihres letzten Arbeitgebers" which i translated to "Witness your last employer"

What does it mean ?

0

Share this post


Link to post
Share on other sites

The Zeugnis in this context is a reference from your employer. It's a standard practice (and a legal requirement) for your employer to supply you with one.

1

Share this post


Link to post
Share on other sites

So i send an email to my boss and ask him to provide one ?
 He was pissed today when i told him i quit and i am not sure he will provide any

0

Share this post


Link to post
Share on other sites
22 minutes ago, TraceKira said:

 He was pissed today when i told him i quit and i am not sure he will provide any

- I hope you mean pissed, as in pissed-off and not drunk?!

 

24 minutes ago, Smaug said:

The Zeugnis in this context is a reference from your employer. It's a standard practice (and a legal requirement) for your employer to supply you with one.

 

Smaug is absolutely right about it beng a legal requirement, but if boss-man was so pissed-off today, you might like to wait a day or two before asking...

0

Share this post


Link to post
Share on other sites

Your employer needs to provide you with one BY LAW. I find it unlikely that they will refuse but if they do you'd have to take them to court. What I'd expect from what you are saying is that you won't get a very good reference.

0

Share this post


Link to post
Share on other sites

If they give me bad reference , can i force them to give a good one ? I mean i feel like they will try to make for me as hard as possible. Already i was asked who is my next employer and i refused to tell them , and they got even more pissed :(. I think i am no obliged to tell them what is my next empoyer yes ?

0

Share this post


Link to post
Share on other sites

No, you are not obliged to tell them. Long time ago I left my company in Holland, but didn't tell them I would leave to their biggest customer in Germany until the last day. They would find it out anyway. I had an anti-competition clause in my contract, but this was only valid in Holland. €25,000 fine for each breach. They couldn't sue me. Basically, employers don't like it too much if you go to a customer or move to a direct competitor.

0

Share this post


Link to post
Share on other sites

They have to provide a reference (Zeugnis) and it needs to be positive.  This is why people talk about a "code".  In fact the code is quite simple, a supposedly good reference saying that you did everything asked of you, is actually pretty bad.  A reference that is actually good would say something more like that you proactively found work and completed it to the complete satisfaction of the employer.  How much you can get it changed is a difficult question, the reference needs to be positive, but they are not required to make it glowing.  Most companies will make reasonable efforts to describe your work fairly and will make changes you ask as long as they are fair.

 

A bigger problem might be how long it takes to get a reference, I dont know what the law says but I know of people waiting several months for it nad that seem par for the course here.

0

Share this post


Link to post
Share on other sites

In the contract which i received via post (it is signed by their Hr department)

They wrote

"Auserdem benötigen wir folgende Unterlage von Ihnen"

 

- zuegnis (Zuegnis Ihres letzten Arbeitsgebers) - How can i get once sine i am still in the notice period ? Can my current companmy give me one in these last months ?

-diploma copies

-some insurance stuff (like health insurance number)

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0