Going from unbefristet to befristet during Probezeit and overhours

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Hi. I did try searching both TT and the internet in general. If I missed something- I am SURE someone will let me know. ;)

I am in month five of my six month Probezeit period (it would end March 11). I was told this week that my contract will end...June 30, they are moving my job elsewhere, essentially. I will be asked to sign a befristet contract next week stating that- with four week termination notice period. Something smells fishy. 

I would think that keeping me through March 12 and then giving me three months notice on, say April 1 might be more advantageous. 

Anyone have any thoughts on that?

Also- my contract is a 48 hour one. I work more than that every week- sometimes FAR more...and report it in Zeiterfassung. But, have never seen any comp time off or extra payment. My contract does not state HOW hours past 48 would be compensated, just that under 48 will not be compensated with time off or extra payment. Does anyone know how that would work? Could I demand payment? 

Thanks in advance! 

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Do you have legal insurance that enables you to talk to an Arbeitsanwalt over this as something smells fishy to me too.

Probezeit with an unbefristet contact just doesn't sound right. Normally in probezeit (to my knowledge) you can be pretty well fired for no reason immediately, whilst with an unbefristet they would need to give you 3 months notice, I think.

So they want you to go unbefristet so they can get rid of you soon?

 

Another question is how signing this would affect your unemployment money, maybe by signing you'd lose three months worth?

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No, I don´t have legal insurance, unfortunately. Even if I stay until June 30, this is my first job in Germany, I would still be short on the 12 month requirement before getting any unemployment money. 

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2 hours ago, Malt-Teaser said:

Do you have legal insurance that enables you to talk to an Arbeitsanwalt over this as something smells fishy to me too.

Probezeit with an unbefristet contact just doesn't sound right. Normally in probezeit (to my knowledge) you can be pretty well fired for no reason immediately, whilst with an unbefristet they would need to give you 3 months notice, I think.

 

No, with  6 month Probezeit it's generally two weeks, see

 

"Ist der Arbeitsvertrag unbefristet und die Probezeit auf bis zu sechs Monate festgelegt, beträgt die Kündigungsfrist zwei Wochen. Dabei muss die Kündigung auch nicht zum Ende des Monats oder zum 15. des Monats erfolgen. In diesem Fall endet das Arbeitsverhältnis auf den Tag genau zwei Wochen nach der Kündigung."

 

2 hours ago, Malt-Teaser said:

So they want you to go unbefristet so they can get rid of you soon?

 

Not really. They can get rid of her until two weeks before March 11. 

 

So, signing a befristet contract next week with 4 weeks notice makes her safe until end of march, at least.

 

2 hours ago, Mandy939 said:

Also- my contract is a 48 hour one. I work more than that every week- sometimes FAR more...and report it in Zeiterfassung.

 

More than 48 hours per week (6 x 8 hours) become illegal when there is no compensation (in time, not money). Can you prove that you did work FAR more? Do you have copies/print outs of the reports?

 

 

 

 

 

 

 

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6 hours ago, Mandy939 said:

I am in month five of my six month Probezeit period (it would end March 11). I was told this week that my contract will end...June 30, they are moving my job elsewhere, essentially. I will be asked to sign a befristet contract next week stating that- with four week termination notice period. Something smells fishy. 

I would think that keeping me through March 12 and then giving me three months notice on, say April 1 might be more advantageous. 

Anyone have any thoughts on that?

Also- my contract is a 48 hour one. I work more than that every week- sometimes FAR more...and report it in Zeiterfassung. But, have never seen any comp time off or extra payment. My contract does not state HOW hours past 48 would be compensated, just that under 48 will not be compensated with time off or extra payment. Does anyone know how that would work? Could I demand payment? 

Thanks in advance! 

 

Ok, if your current contract is unbefristet, then how is it ending on June 30th?  Or are they saying that you have a choice to be legally terminated during your probation period before March 11th or taking a befristet contract which ends on June 30th?

 

The reason they do not want to let you pass the probezeit and give you your notice after that is that if they do that, you could sue them if they don't have a good reason such as you having done something wrong.  If they don't have work for you would be a good reason too but they might have to prove it in court and they might not want to go there.

 

Legally it's allowed to work on average 48 hrs. a week but if they make you work more than that some weeks, they must give you time off to compensate so your average stays at 48.  I believe you can and should ask how the extra hours are paid.  Some companies have contracts where up to x overtime hours are considered included in your monthly salary whether you work them or not.  I haven't yet heard of any where an unlimited amount of overtime is expected without payment.  I am pretty sure that would be illegal.  If you have not seen anything on your pay slip about overtime, ask them if there is an überstundenkonto.  That would be an account of banked overtime where the company is required to give you time off or pay out the hours after a certain number of hours are reached or when the employment ends.

 

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