New job offer while still employed with my current employer - how to proceed?

18 posts in this topic

I have been with my current employer in Germany for 1.5 years and I recently went through a round of interviews and received a verbal offer from the new employer along with an offer letter stating the following:

 

Contract Length starting on X Date

Annual Salary amount

Vacation Days

Position details such as the number of hours per week, the notice period, and the length of the probation period

 

This is not an official contract but rather the offer letter. Since I am currently on a 3 month notice period at work and have yet to inform my current employer that I will be putting in my notice, I do not have a finalized last day at my current position yet. With that in mind, my new employer told me that once I have that date finalized, they will be able to include it in the contract and have it sent to me.

 

How do I best proceed here and am I missing anything? Do I inform my current employer that I will be putting in my 3 month notice period? What happens to my 25 days of vacation that I have for this year? Are there any other small details that I should ask before I put in my 3 month notice period that is not mentioned in the offer letter from the new employer?

 

 

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Today is 3rd June.

 

Tell your new employer that assuming you get the signed contract offer before 24th(?) June, then you can quit by end of June and start with them on 1st October.

Then, they should create the contract with that date and send you a signed copy.  Once you receive it then you sign it, return it, and then inform your current employer.

 

 

Don't quit before you have a signed version of the new contract.  As sometimes things fall through last minute.

 

 

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Okay, so you are telling me that I should sign the official contract that I receive from my new employer before informing my current employer that I will be putting in my 3 month notice?

 

When I spoke with my new employer, they told me that they would prefer me to start within a month or two but would understand if my current employer is not flexible with the 3 month notice period. I'm worried that if I tell my new employer about my non flexible 3 month notice period, then they will rescind my offer.

 

Also, what happens with my remaining 25 days of vacation? I guess I could use some of it to leave my current employer earlier?

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Dont resign until you have a signed contract in your hand.  Dont do it.

Once you resign talk to your (old) employer and see if they are flexible on it.  You can always call the new company and say "hey guys I can join in 2 months, shall we do that, or do you want to wait for 3?"

Your holiday can normally be taken at the end of your employment (ie you finish 25 days earlier).

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Vacation from your old / current employer will be allocated on a pro rata basis. 

So if you leave employment 9 months into this year, you're entitled to three quarters of your annual vacation. Plus of course any leftover from last year.

 

Either taken in cash if you work up to the last minute, or leave earlier and start the new job.

 

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9 minutes ago, HH_Sailor said:

Vacation from your old / current employer will be allocated on a pro rata basis. 

So if you leave employment 9 months into this year, you're entitled to three quarters of your annual vacation. Plus of course any leftover from last year.

 

Either taken in cash if you work up to the last minute, or leave earlier and start the new job.

 

I thought that after half a year - you are entitled to your full vacation that you have left.

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1 minute ago, endsee said:

I thought that after half a year - you are entitled to your full vacation that you have left.

 

Legally i believe this to be correct, but most companies pro rate it.  Dont ask me how, they just do.  I suspect its simply because most people think thats fair and dont sue.

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8 hours ago, zwiebelfisch said:

 

Legally i believe this to be correct, but most companies pro rate it.  Dont ask me how, they just do.  I suspect its simply because most people think thats fair and dont sue.

 

Yes, that's kind of how it works but they have to give it to him if he asks. However I have heard that this means he will not get vacation days from his new employer for the rest of the year because he's already taken them.

 

I found a link on this here:

https://www.n-tv.de/ratgeber/Was-passiert-mit-dem-Urlaubsanspruch-article14652011.html

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That's a useful link, thank you for sharing!

 

Another question - my current contract with my employer has a 3 month notice period. How does this process work? If I inform my manager today on June 4th that I am putting in my 3 months, can I have my last day be September 4th? My contract states: The employment relationship can be terminated by both parties under observance of a 3 month period of notice to the end of the month.

 

I'm assuming that with that wording, if I put in my resignation today, I will have to work through September and my first day at the new employer being October 1st?

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1 hour ago, endsee said:

...

 

I'm assuming that with that wording, if I put in my resignation today, I will have to work through September and my first day at the new employer being October 1st?

 

 

Yes that is correct.

 

Which means that you don't have to inform your employer today, but can do it just before the end of the month.  

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So the suggested steps are as follows:

  1. Inform new employer of an October 1st start date
  2. Sign the official contract
  3. Inform my current employer and submit my resignation letter
  4. Negotiate last day at my current employer
  5. Inform new employer and make amendments to start date in contract if necessary

I have one big concern - when I spoke with my new employer, they were pretty adamant on getting me in with a start date of 1 to 2 months out with 3 months being okay. Of course with any new hire, a business would like to get that person in sooner than later. I'm worried that if I provide my new employer of my October 1st requested start date that they will balk and rescind my job offer. How should I go about this?

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Try to negotiate with your current employer for a shorter notice period.

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2 minutes ago, endsee said:

So the suggested steps are as follows:

  1. Inform new employer of an October 1st start date
  2. Sign the official contract
  3. Inform my current employer and submit my resignation letter
  4. Negotiate last day at my current employer
  5. Inform new employer and make amendments to start date in contract if necessary

I have one big concern - when I spoke with my new employer, they were pretty adamant on getting me in with a start date of 1 to 2 months out with 3 months being okay. Of course with any new hire, a business would like to get that person in sooner than later. I'm worried that if I provide my new employer of my October 1st requested start date that they will balk and rescind my job offer. How should I go about this?

 

 

Yes it is possible that they will rescind the offer.  But it is also possible that they are bluffing!

 

To hire the right person takes time and money for the company to go through the process, and a good company will be willing to wait an extra one or two months for the right candidate. 

Consider this:  If they withdraw the offer, even if their number 2 candidate was still available (and is good enough) they are still second choice so not as good as you, and there is no guarantee that they can start earlier (3 months termination is common in Germany), and even if they could start in time it would now take the company time to go through the process and hence they might not be able to even able to offer the job this month, which means that they would anyway probably not start sooner.

 

And what if the other candidates are not good enough?  They have to start again from the beginning.

 

It is still possible for you to negotiate an earlier leaving, Most companies don't want people hanging around with little or nothing to do, keep paying them, if they are going to leave.  But it always depends on your tasks and role so ask and try.

 

 

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3 hours ago, endsee said:

with 3 months being okay.

 

3 hours ago, endsee said:

I'm worried that if I provide my new employer of my October 1st requested start date that they will balk

 

Since this is 4 June ...July, August...I would think 4 Sept would be three months.

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1 minute ago, catjones said:

 

 

Since this is 4 June ...July, August...I would think 4 Sept would be three months.

 

 

The OP said that the contact states " The employment relationship can be terminated by both parties under observance of a 3 month period of notice to the end of the month. "

 

so one needs to round up to the end of the month, which means 1st October is first starting date for a new job.

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Thank you everyone for your help so far.

 

Is it advisable to mention to my current employer that I already have an offer signed with my new company? Since I will potentially be with my current employer for the next few months, it would be better for me if I am not required to disclose where I plan on going.

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3 hours ago, endsee said:

Is it advisable to mention to my current employer that I already have an offer signed with my new company? Since I will potentially be with my current employer for the next few months, it would be better for me if I am not required to disclose where I plan on going.

 

 

I would very much avoid telling your current employer where you are going! This is also a common practice in Germany.

You want to avoid a hassle and sabotage. Some employees even keep the secret until the entire six month probation period is over.

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7 hours ago, endsee said:

Thank you everyone for your help so far.

 

Is it advisable to mention to my current employer that I already have an offer signed with my new company? Since I will potentially be with my current employer for the next few months, it would be better for me if I am not required to disclose where I plan on going.

 

They may ask but you don't have to answer. If you want to avoid confrontation you can say you have more than one offer and haven't decided yet.

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