How to proceed when being fired before 12 months

11 posts in this topic

Hi,

I am a non EU citizen and I have some questions about how to proceed when being fired. This is the situation, I have being working since 15 of October 2018 and today, 27 of September(11 months and 15 days later) I was just called by HR and I am being fired because of operational reasons. (the company does not have enough resources and fired half of the people). 

As the notices periid applies, I will be paid two months after I was fired. 

 

My questions are the following:

-can I apply for the job geld if I was fired before the 12 required months. 

-my blue card is bounded to this job, should I inform the Kvr that I don't have a job now, or when the two months have passed

- I signed the betriebsbedingte Kündigung, which states the end of my obligations and the date, but I haven't sign the abwicklungsvereinbarung, because I am not sure if the compensation they offer is ok, can  I still fight for my job back? If so, how to proceed.

-I was fired in the end of September, therefore, my las payment will be on November, I think it will be difficult to find a job starting from December, can I ask for a compensation equivalent to two extra months for this reason? 

-or can I ask to postpone it some months so I get to end the year?

-they told me that I have to go to the "agentur für Arbeit" within the next days, to inform about my job suche status. How should I proceed with this? 

-is it worth to figth for my job back? 

 

I would appreciate any help, since I don't know what to do

 

Regards

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When is your official end date? If you have a year of work you can apply for unemployment benefits but I don't know if it's a problem that you are on a blue card.

 

If you know you are losing your job, you are required to register ASAP as a job seeker. You have to go there, get a bunch of forms to fill out etc.

 

I doubt it's worth it trying to fight for your job if they are doing so badly they fired half the people. The compensation offered is usually 2 weeks of pay per year you've worked so getting 2 months is actually good.

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Can't you negotiate something with your employer and explain the situation?

 

E.g.  you still promise to leave within 2 months of today's date, but only want to be 'fired' official after the 15th October.

 

You are supposed to inform the authorities as soon as you are aware of your dismissal, even if you are still currently working.

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6 hours ago, Yu Tuu said:

Hi,

I am a non EU citizen and I have some questions about how to proceed when being fired. This is the situation, I have being working since 15 of October 2018 and today, 27 of September(11 months and 15 days later) I was just called by HR and I am being fired because of operational reasons. (the company does not have enough resources and fired half of the people). 

As the notices periid applies, I will be paid two months after I was fired. 

 

With a notice period of two months you will be employed at least until November 30. Which means that you will have paid social security contributions for 12 months and you will have met the requirement for 12 months of employment.

 

Payment of your salary during the notice period is not any form of compensation for losing your job. It is merely what the employer has to pay you under your existing employment contract.

Compensation for losing your job due to restructuring of the company goes above and beyond that. We do not know whether there will be a Sozialplan. In case your company has a Betriebsrat / works council you should talk to them now before signing anything else.

 

 

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5 hours ago, LeonG said:

When is your official end date? If you have a year of work you can apply for unemployment benefits but I don't know if it's a problem that you are on a blue card.

Thanks for the help, according to the paper I signed, it says that the last day is on November 30th.

5 hours ago, LeonG said:

I doubt it's worth it trying to fight for your job if they are doing so badly they fired half the people. The compensation offered is usually 2 weeks of pay per year you've worked so getting 2 months is actually good.

Regarding fighting for the job, from my team, only 2 out of 5 fired signed the betriebsbedingte Kündigung, the other three want fight for their job or for a better negotiation. What is the difference between them and me, what can they do, than I cannot because I signed. 

 

41 minutes ago, Lenny Nero said:

With a notice period of two months you will be employed at least until November 30. Which means that you will have paid social security contributions for 12 months and you will have met the requirement for 12 months of employment

Thanks for the clarification, so my last day as an employee would be on November 30th, even if I am no longer going to work.

 

42 minutes ago, Lenny Nero said:

Compensation for losing your job due to restructuring of the company goes above and beyond that. We do not know whether there will be a Sozialplan. In case your company has a Betriebsrat / works council you should talk to them now before signing anything else.

There is no works council in my company, so that was not an option. The compensation they offer is around 70% of my monthly rate, minus taxes, however, considering that I don't think I will find a job stating on December, can I ask for a bigger compensation? and with whom should I negotiate that? do I need a lawyer?

 

 

Another question is regarding the visa, I need a job suche visa, for how long is it valid, and when does it start, from November, or from the day I was fired (September 27th)?

 

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You signed a paper?

Oh shit, what did it say?

 

If you agreed to 'leave' then you'll almost certainly lose 3 months unemployment pay.

Never sign anything saying you agree to leave!

 

Let us know what it says so we can help further.

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1 hour ago, Malt-Teaser said:

You signed a paper?

Oh shit, what did it say?

 

If you agreed to 'leave' then you'll almost certainly lose 3 months unemployment pay.

Never sign anything saying you agree to leave!

 

Let us know what it says so we can help further.

 

There are two documents, I sign one page which one only says that my employment relation finishes on November 30th and I no longer have laboral responsibilities from now on.

 

The other document is where the compensation and the 2 months are specified, I haven't signed that one.

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21 minutes ago, Yu Tuu said:

 

There are two documents, I sign one page which one only says that my employment relation finishes on November 30th and I no longer have laboral responsibilities from now on.

 

The other document is where the compensation and the 2 months are specified, I haven't signed that one.

 

Ok, you have to register now, preferably on Monday, at the employment office and inform the foreigners authority. 

 

If you accept a severance pay, this also means that you accept your dismissal - this can mean that you will not receive unemployment benefit for 12 weeks. 

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59 minutes ago, someonesdaughter said:

 

Ok, you have to register now, preferably on Monday, at the employment office and inform the foreigners authority. 

 

If you accept a severance pay, this also means that you accept your dismissal - this can mean that you will not receive unemployment benefit for 12 weeks. 

What is the severance pay?, I haven't accepted any pay so far

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1 minute ago, Yu Tuu said:

What is the severance pay?

 

Abfindung, compensation.

 

1 minute ago, Yu Tuu said:

 

I haven't accepted any pay so far

 

I know, that's why I wrote

 

"If you accept a severance pay, (...)" 

 

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9 minutes ago, someonesdaughter said:

 

Abfindung, compensation.

 

 

I know, that's why I wrote

 

"If you accept a severance pay, (...)" 

 

great, thanks for the info

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