Employer issues help

23 posts in this topic

Hi,

 

Could someone please suggest/help me to understand my issue .

I am working with an Indian Company and was sent to Germany in 2012 for project. I got contract for 2 years and it extended after 2 years for more 2 years and so. But my last contract ends on March 2018 and since then i am working for without contract as my visa is not expired and company did not provide me any new contract.

 

My question is that as I didnt get any contract from my company since March 2018 as i will be considered as local employee not a deportee. Is my company is oblige to give me local contract as consider me as a permanent employee ? I

 

If yes how can i proceed further. i am sure if i talk to me company they will kick me out. 

 

Many thanks in advance. 

 

 

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3 minutes ago, icmohsin said:

 

My question is that as I didnt get any contract from my company since March 2018 as i will be considered as local employee not a deportee. Is my company is oblige to give me local contract as consider me as a permanent employee ? I

 

If yes how can i proceed further. i am sure if i talk to me company they will kick me out. 

 

Many thanks in advance. 

 

 

 

Does your company pay your salary and health insurance etc?

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Yes my company pay German salary and health insurance. My company is also paying social security from Jan 2017.

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As far as I see it.. you are illegal here in Germany.

 

If you dont ask your company and you get discovered, you will be deported without much consideration for your personal situation...

 

If you do ask your company for a renewed contract and they refuse, then you need to make plans to return... 

 

 

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can i go to lawyer or work council so i can get a local contract ? Because as i am aware of if your contract ends and still you are working for a company you are considered as local employee. Please correct me if I am wrong.

 

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5 minutes ago, SpiderPig said:

Your blue card is probably attached to the company you work for..

No my visa is not company dependent. 

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if he has a bluecard, it's not "tied" to the company in the same way old permits were.  it can be extended for job seeking and stuff like that.  it's more flexible.

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If you have continued to do work for them, and they have continued to pay your salary and social & insurance contributions then you are considered to be employed by them.  

 

Legally you don't need to have a written contract in order to be considered employed by a company.  Although it is of course recommended!

But you probably do need one because you need it for your Visa, and normally you can't get a Visa without one so the fact that your old one has expired is an oversight.

 

Do you have a works council?  If so then go to them and explain the situation.  They should help you sort it out.

 

 

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19 minutes ago, dj_jay_smith said:

If you have continued to do work for them, and they have continued to pay your salary and social & insurance contributions then you are considered to be employed by them.  

 

Legally you don't need to have a written contract in order to be considered employed by a company.  Although it is of course recommended!

But you probably do need one because you need it for your Visa, and normally you can't get a Visa without one so the fact that your old one has expired is an oversight.

 

Do you have a works council?  If so then go to them and explain the situation.  They should help you sort it out.

 

 

Yes we have a work council. Many thanks i will go to them and ask them about my situation. 

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Under German law, if a fixed term contract ends and you keep working and nobody tells you to stop working, you are automatically under a permanent contract.  However, as you say, this is not a German company so I don't know if they have to abide by that law.  For example, it would have been illegal for them to keep you on fixed term contracts for 6 years, from 2012 until 2018 because under German law, you can only be kept on fixed term contracts for max. 2 years.

 

Your options right now depend on your work permit.  If you have been here long enough that you have an open permit that is not tied to your employer, you would have nothing to worry about.  You could ask them for a contract or look for another job.  If however your permit does not allow you to work for other employers, you would be better off not saying anything and continuing your work until you can get an open permit.

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43 minutes ago, LeonG said:

Under German law

 

What I still can't figure out is whether he is employed in Germany or is seconded from India, i.e. did he have an Indian employment contract governed by Indian law? Normally there is also a limit on how long a foreigner can be seconded here(entsendet).

 

@icmohsin

 

Are you paying German income taxes and social security contributions? 

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11 minutes ago, engelchen said:

 

What I still can't figure out is whether he is employed in Germany or is seconded from India, i.e. did he have an Indian employment contract governed by Indian law? Normally there is also a limit on how long a foreigner can be seconded here(entsendet).

 

@icmohsin

 

Are you paying German income taxes and social security contributions? 

Yes i am paying German income taxes ans social security. I have my Indian employment contract. I was send to germany with a 2 year contract with there german branch. Like indian one XYG Ltd. and german one as XYZ Gmbh. and the contract extend every 2 years . As now my contract with there german brnach expires on March 2018 and still working with them even my indian employment contract with the company is there.

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So you have got an employment contract - an Indian one?   Speculation - But maybe also someone has done something in respect of the employer so they are covered but not told you?

 

In my view, you do need to take some of the actions above - to look after your interests.   This set up sounds mainly benefiting your employers.    Approach it as "as the last thing ended, now we need a new..." etc.  

 

I know it can be tough when dependent on a job to fight a corner with an employer but it can be necessary.  Our obligations here as foreigners tend to be personal and it is always in our interest to control our own lives and not rely on employers or other third party.     We cannot also usually simply point to an employer and say "but, but, but...my employer didn't..." when it comes to managing our personal interests, including for formal authority process.  (The authorities may choose to deal with coercive or evasive or non-compliant employers but that usually won't impact our status).

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1 hour ago, icmohsin said:

Yes we have a work council. Many thanks i will go to them and ask them about my situation. 

 

Before that, I would recommend reading your contract.

 

Is your contract in German or English?

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24 minutes ago, RenegadeFurther said:

 

Before that, I would recommend reading your contract.

 

Is your contract in German or English?

My Contract is in both language English and German. Its just mention that i am deported to for project to there German firm (XYZ LTD to XYZ GmbH) and during contract period they can call be back any time. But no details about what will happen if contract ends and I am still working with them. 

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50 minutes ago, icmohsin said:

My Contract is in both language English and German. Its just mention that i am deported to for project to there German firm (XYZ LTD to XYZ GmbH) and during contract period they can call be back any time. But no details about what will happen if contract ends and I am still working with them. 

 

Take your contract and go and speak to someone at the workers council.

 

They will be able to help you and point you in the right direction.

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1 hour ago, icmohsin said:

Yes i am paying German income taxes ans social security. I have my Indian employment contract. I was send to germany with a 2 year contract with there german branch. Like indian one XYG Ltd. and german one as XYZ Gmbh. and the contract extend every 2 years . As now my contract with there german brnach expires on March 2018 and still working with them even my indian employment contract with the company is there.

 

53 minutes ago, icmohsin said:

My Contract is in both language English and German. Its just mention that i am deported to for project to there German firm (XYZ LTD to XYZ GmbH) and during contract period they can call be back any time.

 

I think you mean seconded, not deported.

 

After reading your posts twice I decided to give up trying to understand them.

 

3 minutes ago, RenegadeFurther said:

 

Take your contract and go and speak to someone at the workers council.

 

Unless your German is much better than your English, take someone with you who can translate between German and your mother tongue.

 

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He probably earns his Indian salary with expense reimbursement for the things he needs in Germany. That‘s how they keep them from becoming rich, by Indian standards, overnight. 

 

They chew these people up and spit them out. As he has stated, as soon as he makes waves, they‘ll just call him back to India and fire him. 

 

 

 

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yeah...aka INsourcing.  

 

the whole thing sounds VERY shady by design.

 

OP I'd encourage you to look for a legit job with a real German company while you still can.  You could even go talk to the ABH to see if you might qualify for a bluecard with job seeking leeway or something of that sort.  That operation sounds toxic at best

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