work contracts

38 posts in this topic

My husband had a contract working for a firm in central Germany. Because of the nature of the job he was told that if there was a no deal Brexit he would either have to take German citizenship or he would be made redundant. All the non Germans were told the same.

Come new year he hadn´t been given his notice but we found out that if he transferred to a non military department then he could keep his job.

There were a couple of places on north sea coast. 

We moved.

When my husband got here the problems started. He needed to do education followed by exams. This is normal. He was then told he wouldn´t be working at the place he was given and he had to take another exam. He turned up for the exam and was told that they forgot to tell him not to bother, he had to go somewhere else. We would hear this week.

Well we´ve not heard. He´s tried messaging and calling the district manager and he either gets fobbed off or ignored.

My husband has a full time contract with the company. He´s not been sacked or made redundant. He is also not working. He´s not being paid either. Apparently he´ll get €400 basis.

Our problem is we have used all of our savings to move and renovate this place that we´ve ended up in. I gave up my work, our house is being sold, we can´t claim unemployment because he´s not been sacked and he can not afford to leave.

Surely this can not be legal. I get the feeling that he is being pushed out

 

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Do you have Rechtschutz?  We cannot know what your husband's contract says, so maybe  this needs checking by a legal?

 You obviously  took a risk in buying this rundown property, and will be tough to   continue without regular income.

 

 

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3 hours ago, annieb8822 said:

 

My husband has a full time contract with the company. He´s not been sacked or made redundant. He is also not working. He´s not being paid either. Apparently he´ll get €400 basis.

Our problem is we have used all of our savings to move and renovate this place that we´ve ended up in. I gave up my work, our house is being sold, we can´t claim unemployment because he´s not been sacked and he can not afford to leave.

 

As far as I know, the contract must still exist because it has not bee terminated. 

 

As you do not seem to have any income at the moment, I do hope that you both have something to eat and some cash to buy things for your daily needs with. 

 

You can ensure and prove that important documents have been delivered if you send them by Einschreiben mit Rückschein. This means that someone from the company has to sign the label from the post office certifying that the document has been delivered. The sender then receives this signed label with their post. If things come to a head you have proof that the document was delivered and nobody answered it.

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Yes the contract still exists. In fact his old boss wants him back at least until we see what this Brexit drama is going to bring this time.

That way we get an income but leaves me on my own in a house that is still being renovated.

we´ll certainly not starve but we need to pay our bills.

His old boss is looking into it because he arranged the transfer in the first place and was horrified that my husband wasn´t working.

Would we have any rights to claim money from the places that help people. We´ve never ever had to do this, we have always worked, saved and sorted out our finances without help.

would they consider us not eligible. 

I think we´ll be forced to separate again.

As an ex army wife of 35 years i´m used to this but I don´t really want to do it

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They can't just stop paying him.  It's up to them to either find him work or lay him off.

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I am sure what they are doing is illegal. We´d be better off if they sacked him. Apparently they have no grounds because he is excellent at what he does. His only problem is being an outsider. ( not because he  is english).  They don´t like people from other parts of Germany. For now its looking like we have to go without money for a month then my husband will leave to work back at his old place leaving me to live alone. This is the way with our German friends here also. The husband lives here, his wife commutes every weekend because she can not get work here. She is in the medical profession

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22 hours ago, White Rose of Yorkshire said:

There is something called Grundsicherung. I am no sure how it works but Germans often say the money they have is not enough to live on and not enough to die on and because of this they cannot get state aid via Grundsicherung. 

 

https://www.lindlar.de/fileadmin/gemeinde/Formulare/Grundsicherungserstantrag.pdf

 

I saw on TV some time ago that they were talking to the elderly people who were retired and some did not apply for it because they were ashamed and some did not get it because they were getting "too much" pension at something over 700€.

 

However, in this case, they can not get alg i, alg ii or sgb because the husband is still working.  He hasn't been laid off.  If he were to apply for something they would tell him, you have not been laid off, hence you should be going after your employer for your salary.

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Yes this stinks. Now Brexit isn't happening he has been told that he must return to his old job in mid Germany.  That leaves me on my own on the north coast.  I knew as soon as he starred being given excuses at the start of the month that there was a problem. How can large companies destroy peoples lives like this

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Hello,

 

My background is that I'm in the Betriebsrat, for a giant Swedish company.

Without seeing the contract I can't really give you any advice, there may also be Betriebsvereinbarungen or a tarif vertrag also involved, but to see the BV, would be almost impossible for us at this moment.

I am going to assume that your Husband has a permament German work contract, that being just not paying him is out of the question. It is highly illegal to hold back somebodies wages without a very good reason.

His only thing he has to do, within german work laws, is to provide 100% Arbeitsleistung, to the times given within the contract, for example 37.5 hours a week. I will also take it he hasn't refused to go to work. So that being the company HAS to give him work.

 

I would advise you to find a Lawyer in "Arbeitsrecht" to look over the paper work and advise you. Don't worry about costs at the moment, you can file for process help, and  in Arbeitsgericht its a bit different to other Courts, with costs and other things, this will be cleared by the Lawyer with you, if you want to you can go it alone without a lawyer, but I would advise against this, as German work and Contract law is a very complicated and specialized area.

 

If there is a Union, e.g. Verdi or IG Metal, then you can ask for help here, but normally you have to be a payed up member.

If this is a German Company in Germany, then they will also have a works council (betriebsrat),and if they are any good they will also be a massive help, but this case will be individual rights and not Collective.

 

But at the moment it looks like to me that you have a very good case, your husband just can't be sacked, without a VERY good reason, that the betriebsrat also has to be heard on, this is germany and not the US or UK. Worker rights are very protected here. If a termination contract comes (aufhebungsvertrag) do not for any reason sign it. Find a Lawyer as soon as possible, and contact the BR or gesamtbetriebsrat as well. If they fire him, then you  have 14 days from the date you receive the letter to counter it with Sacking protection (Sorry it really can't be translated any other way, kündigungsschutz).

 

The last thing, a company demanding someone to change their citizenship, (brexit or no brexit) etc. is highly ILLEGAL, and against German and EU discrimination laws. I take it you have been living here a while, before Brexit at least. You can go to the Einburgerungsamt and apply for aufenthalt, before anyone startsup, saying we as europeans don't need it, you can still apply for it, I have had unbegrenzte Aufenhalt since 2002, it protects you here living in Germany, just with hard Brexit, travelling could get interesting, outside Germany, but still looking at that mess, I can't see a problem anymore.

 

I'm away this week, and will first be able to see the thread again on easter monday, but don't panic, it will be OK.

 

 

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They are now giving him back his old position which happens to be where we used to live. We moved to be near his transfer job. As soon as we got here that job disappeared.  Everyone expected Brexit to happen.  The company that he works for really do not care. They get my husband back in the position that they want him. If they split up a family it is not their problem.  

His contract states that he is employed full time. Far from refusing to work, he has telephoned and messaged asking for his start date. He was given lots of excuses until today they told him to return to his old position.  We sold our home, left our friends,  I gave up my work and way of life. We can't afford to just go back. My husband has to leave us

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Hope your husband will talk to a lawyer specializing in Arbeitsrecht as Lleogyr and others have suggested

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They will pay him for 160 hours for the month they have not used him but so far he must still return to his old job. he is seeing someone next week. I guess if this goes ahead then our son will have a choice of which parent to go to when he´s home from uni. This - is in a country that promotes family life.!

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Did they pay for your moving costs to move there? You should definitely talk to a lawyer. Sounds like their messing you around cost you a lot of money and problems.

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No we moved in order for my husband to stay in a job that he knew. Today he went again to his new office and again left without getting to see anyone. He was told to go today.  He is now applying for another job. He's really not happy working for such rude people.  We can take a cut in wages if it means less stress

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Huge shock. After being told my husband would receive 160 hours pay, today he was told that because he hasn't worked, he will only get €400. Hes not worked because he has been told no department has a space for him. Before we transferred he had a choice of positions. He has been told to return to mid Germany to his old position.  Thus forcing us to separate.  He has refused as I have developed some serious health issues. I need to be taken  to various appointments.  On Monday my husband will be sacked. He us actively looking for a new job but in the meantime we will live out of the freezer and hope we can pay all of our bills

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It would seem that any Brits in offentlicher Dienst will immediately lose their jobs when GB leaves the EU as being a citizen of a EU state is a requieremnt.

 

There was an article in our local paper this morning about the Burgermeister of a small town who will be ousted when GB is no longer EU (hes British - claims Scottish!).

https://www.shz.de/regionales/schleswig-holstein/brunsmark-wenn-der-brexit-kommt-muss-buergermeister-macnab-gehen-id23530592.html

 

 

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41 minutes ago, annieb8822 said:

Huge shock. After being told my husband would receive 160 hours pay, today he was told that because he hasn't worked, he will only get €400. Hes not worked because he has been told no department has a space for him. Before we transferred he had a choice of positions. He has been told to return to mid Germany to his old position.  Thus forcing us to separate.  He has refused as I have developed some serious health issues. I need to be taken  to various appointments.  On Monday my husband will be sacked. He us actively looking for a new job but in the meantime we will live out of the freezer and hope we can pay all of our bills

 

Definitely talk to a lawyer and sue his former employer. They have no right to stop paying if they can't provide work.

 

As for the cost of moving you can at least claim it on your taxes.

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It's a lot of money to lose but I'm annoyed that they promised to pay 160 hours but we are to only get 400. He actually used to work all hours, so the loss is huge.

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