End of Employment Contract + NE + Not Willing to Receive ALG I

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Hello Fellow Toytowners, 

 

I am in a bit of a pickle here.

 

My employment contract is getting over by this month end. It was a limited contract of 3 years (a contract with a university for the position of a research associate).

 

I have been applying for jobs since July'19, but didn't hit any luck as of now. So, in case if I do not find any job as per my plan A, then my current plan B is to visit my home country in September '19; stay for a month; return back to BRD and search for a new job. I am totally burnt out for the moment with my research and PhD work. Completely toasted. So I really need a month to unwind.

 

Now, recently as I have been looking here and there for information regarding Agentur für Arbeit and boi I am in stress. The information that I have gathered so far is as follows: (a) one must register 3 months prior to last working date, (b) one is legally obligated to do so, (c) proactive registration helps with ALG-I. 

 

I have my savings and I do not really wish to receive ALG-I. I can sustain without receiving doles. So, what should I do now? I really want to go home for a month, and I do not have any energy to fight bureaucracy anymore.  I can register now. But, I want to go home, return back, and then look for a new job. Will that work? Or will I get a beating from them? I have a Niederlassungserlaubnis. Will they snatch that away from me, if I register now and then look for jobs once I return back from home?

 

I am really confused, and I have been searching all over the internet for some clue. I would really appreciate some help from my fellow TTers. 

 

Happy Weekend! 

 

Regards, 

H. Bee

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7 minutes ago, honigbiene said:

 I have a Niederlassungserlaubnis. Will they snatch that away from me, if I register now and then look for jobs once I return back from home?

 

if you are only gone for a month, you need not worry about your NE - I presume you won't need/want to deregister your address during this time, right?

 

no idea about the arbeitsamt.  I think the worst they can do is delay payments - maybe stick you with the 3 months of no benefits as if you quit your job -  if you fail to register in time but I'm not sure.

 

make sure you keep paying for your health insurance!

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12 minutes ago, lisa13 said:

 

if you are only gone for a month, you need not worry about your NE - I presume you won't need/want to deregister your address during this time, right?

 

no idea about the arbeitsamt.  I think the worst they can do is delay payments - maybe stick you with the 3 months of no benefits as if you quit your job -  if you fail to register in time but I'm not sure.

 

make sure you keep paying for your health insurance!

Thanks @lisa13 for that quick response. No, I am not deregistering from my address, and I am not quitting my job voluntarily. It was a job with limited contract period of 3 years. I will make sure that I keep paying towards my health insurance. I spoke to them, and they said that one month after end of contract, i.e., September is already 'free'. I have to start paying from October onward.

 

My only concern is about the extent of Arbeitsamt. It is a complete black-box for me as far as such information is concerned. As far as I know, once you register yourself as 'looking for jobs' with them, then you cannot move out of Germany for a 'vacation' and you have to keep on informing them about what you are doing and how many applications you have made and just update them about 'what's up?' in general. It is a nice helpful thing, but I do not want to get into that nanny-loop. I just need my time of one month to Eat-Sleep-Poop-Repeat and do absolutely nothing else.

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right - I totally get that.

 

MY understanding is that the arbeitsamt's rules apply to people who want to collect arbeitslosengeld.  If you don't ever want to collect and you're damned sure you won't NEED to collect during this upcoming break, I don't think you need to register at all.  

 

but hopefully someone will come along to verify or dispute that.

 

eta:  if you are insured via a public kasse, you will need to complete a form at the end of your employment to inform them of your "new" income situation after your current job ends.  Don't fail to do this - it's REALLY important.  If you have no income (including investments or similar) you can just say you will be living off of savings during your unemployment and your rate will drop to the minimum (160? 180? per month). If you think you may be away when the letter arrives ask the kasse how you can file this before you leave.  As I recall I got my letter/form before my last job even ended but you never know.

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2 minutes ago, lisa13 said:

right - I totally get that.

 

MY understanding is that the arbeitsamt's rules apply to people who want to collect arbeitslosengeld.  If you don't ever want to collect and you're damned sure you won't NEED to collect during this upcoming break, I don't think you need to register at all.  

 

but hopefully someone will come along to verify or dispute that.

IKR. That was my understanding as well, that if you need ALG I then you need to register on time. I just do not feel like taking doles from the state and I have enough savings, thank Lord, to survive for a year including the vacation.

Now, the website of Agentur für Arbeit says that one is 'legally obligated' to register (the money part comes later, but just registration). Now that is troubling me. What is the penalty of not fulfilling that obligation? It does not say anything about that.  ¯\_(ツ)_/¯

I thank you @lisa13 for your help.
Maybe, veteran TTers like @2B_orNot2B or @engelchen or @someonesdaughter might be able to throw some light. 

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1 minute ago, honigbiene said:

Now that is troubling me. What is the penalty of not fulfilling that obligation? It does not say anything about that.

 

that troubles me too, as I have been considering a voluntary break paid for from my own pocket :)

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2 minutes ago, lisa13 said:

 

that troubles me too, as I have been considering a voluntary break paid for from my own pocket :)

@lisa13 : I hope we all can go on our mini/macro-breaks without any troubles. :)

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32 minutes ago, honigbiene said:

Now, the website of Agentur für Arbeit says that one is 'legally obligated' to register (the money part comes later, but just registration).

 

The obligation to register personally as unemployed is regulated in paragraphs 38 and 141 SGB III. 

 

https://dejure.org/gesetze/SGB_III/38.html
https://dejure.org/gesetze/SGB_III/141.html

 

32 minutes ago, honigbiene said:

Now that is troubling me. What is the penalty of not fulfilling that obligation? 

 

There is no "penalty", but there are possible consequences: If you do not register, you are not entitled to unemployment benefit and if you register later, you are no longer entitled to full unemployment benefit. On the one hand, blocking periods can then be suspended, on the other hand, the entitlement period decreases. 

 

The general period for determining unemployment benefit entitlement is counted back from the day on which all the conditions for receiving unemployment benefit are met. These requirements include registration. A late registration may result in no qualifying period of twelve months being achieved within the two-year period and there being no entitlement to benefits for this reason.

 

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@someonesdaughter : Thank you for the information. It was helpful. I have just registered myself as a Job Seeker on their website, and probably will visit their office before lunch on Monday. I am already late, as I understand. But, better late than never. I just do not want to break any laws. It is beyond my dream to break any law.

 

3 hours ago, someonesdaughter said:

On the one hand, blocking periods can then be suspended, on the other hand, the entitlement period decreases.

Can you elucidate this a bit more please? What do you mean by 'blocking period'?

I understand the 'entitlement period' though, I guess. Since I have worked for 36 consecutive months, so I am 'entitled' to receive ALG-I for a period of 12 months, which is also the maximum number of month anyone can receive. So, for me 'entitlement period' is 12 months (without considering the deduction they are going to make for late registration).

 

The thing that I am also eager to know however: Can I convince them now somehow for a month-long-vacation?

Such a question sounds ridiculous to me if I were them, frankly. I would have wanted to clear the files of Job Seekers off my desk ASAP.

But, I really need a break. I just cannot work anymore. My noodles are baked beyond burnt (to borrow Oracle's line from The Matrix movie).

 

 

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12 minutes ago, honigbiene said:

Can you elucidate this a bit more please? What do you mean by 'blocking period'?

 

The Employment Agency can impose blackout periods, e.g. 1 week for late notifications, 3 - 12 weeks for rejection of work (depending on how often someone rejects jobs), etc. 

 

No unemployment benefit is paid during the blocking periods, the total period of entitlement is reduced according to the blocking period.

 

12 minutes ago, honigbiene said:

The thing that I am also eager to know however: Can I convince them now somehow for a month-long-vacation?

 

I don't see a problem if you don't relate to ALG1, but I can't know - don't go crazy and talk to them directly.

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3 minutes ago, someonesdaughter said:

I don't see a problem if you don't relate to ALG1.

@someonesdaughter : If I had a choice, I would have politely asked them not to grant me any doles. So that I do not have them breathing down my neck. 
Just to be clear, I am not complaining about the system. I actually really like the system. But, I think I have to accept ALG-I, as it is not a matter of choice. I mean, of course, had I not registered now, then I would have had faced the consequences of it, ergo, not receiving ALG-I. But, that's a weird way of saying no thank you. I just do not have a choice here and that makes me feel a tad uncomfortable. So, yeah, I might really have to put my anxiety aside and just ask them.

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Of course you have a choice. If you registered as unemployed but politely explained that you will not be available to interviews (which is your right – people can't be forced to work outside of prison context), they will politely explain that they will will (as far as I know) pay for your health insurance but not give the ALG I money itself. This is what you want, right? 

 

Out of curiosity, do you not want to receive the ALG I as a principle? If so, could you clarify what makes you uncomfortable about using the insurance that you paid into? E.g. if you had an insurance again theft and your bike was stolen would you also refuse the insurance money for the bike?

 

It just sounds a bit from your use of the word "dole" like you mix the ALG I (the unemployment benefits system for people who look for work that you paid every month into from your salary) and the ALG II (the system for people who don't have any money and who often are long-term unemployed, i.e. the pure social transfer).

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Also the recipients of ALG I are also entitled to the yearly vacation, e.g. if you worked from January from November without a vacation and want to start receiving ALG I and take a vacation in December, I believe that shouldn't be an issue.

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@ilyann Thank you for your helpful reply. 

 

13 hours ago, ilyann said:

Out of curiosity, do you not want to receive the ALG I as a principle? If so, could you clarify what makes you uncomfortable about using the insurance that you paid into? E.g. if you had an insurance again theft and your bike was stolen would you also refuse the insurance money for the bike?

There are two reasons for my hesitation:

1. It just does not 'feel' good to take financial help from a country where am still a guest. 

2. I am planning to apply for citizenship next year (after 7 years) with the Integration Course Certificate option. I am a bit worried if taking ALG I might have an effect on my prospect. 

 

13 hours ago, ilyann said:

It just sounds a bit from your use of the word "dole" like you mix the ALG I (the unemployment benefits system for people who look for work that you paid every month into from your salary) and the ALG II (the system for people who don't have any money and who often are long-term unemployed, i.e. the pure social transfer).

 I understand your point, but doesn't taking ALG I from the state affect the outcome of Einbürgerung decision? Moeover, I have paid like around €65 per month towards Arbeitslosenversicherung. That is not enough either. It feels like I will be getting more than I have contributed. It feels a bit weird to my conscience. There are people who actually need it, and I think they are more deserving than I am. So, yeah, these are the two reasons why I am not willing to take it. 

 

Update:

I went to the Arbeitsamt today, and they said that I have to take the ALG-I, and they cannot approve more than 3 weeks of vacation in September. So, I am bit upset about that. 3 weeks is good. A good provision. But, I need around 5 weeks. She said, anything more than 3 weeks, and I won't get paid for the extra weeks. I said, I am fine with that. But, my Sachbearbeiterin was adamant that I should not lose money at all. Not even a penny. So, perhaps I have to go back and forth to make them understand. I do not really think there is much of a free choice that I have here. I feel trapped. So let see.  ¯\_(ツ)_/¯

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