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Befristungsgrund - Der Grund der Befristung ist der betriebliche Bedarf an der Arbeitsleistung

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Hi All,

 

I would like to ask a help on following "Befristungsgrund". I was  with employer in unlimited contract and working with the same employer for last 2 years. Few months before my employer has changed the contract from unlimited to limited with the reason Befristungsgrund - bei vorübergehendem Bedarf an der Arbeitsleistung.der nur vorübergehend besteht. I was under the assumption that my current assignment with the client ends on this temporary period and my employer will try to find some options after this period , so i signed this modified contract. But my employer says now  my contract is no more valid after this temporary period.

 

Please provide some suggestions. Thanks a lot

 

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You shouldn't have signed that contract amendment. If you didn't understand what it said, you should have asked someone to translate it for you.

 

Given that you signed (and thus approved) the amendment already, I'm afraid it's probably too late to change anything now. Be sure to notify the Arbeitsagentur of your impending termination right away, to avoid any delay/block of your unemployment benefits.

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Hi Ei Jeffo,

 

Thanks. But my employer explicitly not discussed anything about that. The contract has been changed 2 purposes. Due to change of work assignments salary revision has been made.I was not completely aware of that this modified terms effects or changes the initial contract regarding the employment.My employer was not explicitly explained about this.

All my understanding was that he modifies the period for the salary revision.

is there any other possibilities that I can ask my employer again to explain that why he has not fully explained this to me earlier? Or any other Legal possibilities to extend my employment?

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Just now, Ramesh_kumar said:

Due to change of work assignments salary revision has been made

 

So your compensation has been reduced as well?

 

It looks like your employer has shafted you in two different ways. You might want to lawyer up on this, but I doubt it'll do you any good. Your employer doesn't have to explain the contract to you.

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21 minutes ago, Ramesh_kumar said:

is there any other possibilities that I can ask my employer again to explain that why he has not fully explained this to me earlier? Or any other Legal possibilities to extend my employment?

You had an unlimited contract. You signed a new contract that changed the unlimited contract to a limited contract. This contract (the limited one) is the one you have.

 

I don't see any "possibilities" or "legal ways" to get out of that. You shouldn't have signed that new contract in the first place.

 

 

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7 minutes ago, Ramesh_kumar said:

The contract has been changed 2 purposes. Due to change of work assignments salary revision has been made.I was not completely aware of that this modified terms effects or changes the initial contract regarding the employment.My employer was not explicitly explained about this.

 

You should have consulted a lawyer before you signed the amendment and you should never assume that your employer is looking out for your best interests.

 

Go to the Agentur für Arbeit ASAP with all your documents (contract, amendment, passport, and Meldebescheinigung). You need to sign up for ALG I and they should be able to at least advise you whether it is worth contacting a lawyer.

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Hi Smuag,

The task assignment has changed , so there was a bit revision  in salary. I was assuming that my employer point out  that "During that period the new contract task / contract starts and ends with the revised salary".So i signed the contract for  that particular assignment. The thing which i didnt aware that it modifies the first unlimited contract itself

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Hi Engelchen,

 

Thanks for the feedback. if fixed term contract ends, one can avail  ALG benefits?

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36 minutes ago, Ramesh_kumar said:

Thanks for the feedback. if fixed term contract ends, one can avail  ALG benefits?

 

Under certain circumstances.

 

It'll depend on how long you worked there and on your work permit.

 

I would highly recommend going to the Agentur für Arbeit ASAP.

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HI franklanengelchen

 

I have visitied arbeitsamt and they have asked me to submit the documents online.

 

But i see in online when i give the details it gives info that i have a lock up period to avail benefits due to late registration for benefits

 

may i kindly ask who will pay for the krankenkasse und rentenversichering till i receive ALG ?

 

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20 minutes ago, Ramesh_kumar said:

 

may i kindly ask who will pay for the krankenkasse und rentenversichering till i receive ALG ?

 

The answer for the first month of the Sperrzeit depends: Have you been publicly insured? If yes, voluntarily or by law? 

The Agentur für Arbeit will start paying for health insurance from the second month on. 

 

No one pays for Rentenversicherung. 

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3 minutes ago, Ramesh_kumar said:

Hi someonesdaughter,

Thanks for the answer, I insured by law [Techniker Krankenkasse]

 

Then you are covered for free during the first month ('Nachversicherungspflicht'). After that the AfA pays.

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