Employer ended Work vertrag without kundigung

4 posts in this topic

Dear All,

I have an unlimited residency in Germany, I have been paying taxes until now since last 6 years, I need your advise,.

 

My work vertrag says "Des Ansstellungsvertrag ist auf 1 Jahr befristet und ended zum 23.10.2019. Die ersten 6 monate des Anstellgungsverhaltnisses gelten als Probezeit. Wahrend der probezeit konnen beide parteien den Anstellungsvertrag mit einer First von 2 wochen Kundigen. Nach Ablauf der probezeit ist eine kundigung nur unter Einhaltung der gesetzlichen Kundigungsfrist zulassig. Verlanger sich die kundigungsfrist fur die Firma aus tariflichen oder gesetzlichen oder gesetzlichen Grunden, gilt diese verlangerung auch fur den arbeitnehmer. Das Anstellungsverhaltnis ended mit ablauf des monats, in dem der arbeitsnehmer das 65. Lebensjahr vollendet, onhe dass es einer kundigung bedarf. Eine kundigung des Anstellungs vertrages vor Dienstantritt ist ausgeschlossen."

 

My employer in Berlin and I got into a work contract, and I get money in two forms.

1) A small salary component, my income was 1900€ in brutto (a part income as Project manager)

2) I work as freelancer to the same employer, i build software and bill him every month.

 

my work as software developer and project manager through distance mode(home-office) However, i think, I was given a contract which says valid for 1 year in word but has a date lesser than a year,  is this a mistake ?

 

on confronting this, he told me he will extend my contract, so was waiting until now, which was my mistake, now the date on the contract has ended on 27.10.2019, my employer seems like he is not interested to extend it, as he is not paying my bills anymore. Salary he paid me in november beginning, december salary i got to wait.  In this scenario, what are my chances to claim social benefits. ?

 

1) What should i tell to arbietsamt in this case ? 

2) What will be my arbeitsloschengeld-1 in this case. With this employer to do a startup, I used to get a salary component + billing component.. we agreed for 1900€ in brutto + 1500€ in netto as monthly bill. ?

3) Should I seek what my legal standing is on this matter.? If he doesn't pay me my bills.

 

Negatives:

- The arbeitsamt must know about my boss decision, 3 months before the expiry of contract, which i have failed. :(

- The billing component is not paid since last 3 month (he says no money) and he will settle this soon. the reason he says, we were working on a software product to raise investments., and had pitched to few,  this is not successful so far, on another side, he asked me to put  some capital to be a partner, welche i don't have, so he wants to back out with payments

 

Thank you for your kind consideration and response.

 

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updating my own thread, I got to know that my job ended through krankenkasse. the arbeitsamt are surprised, they have no kundigung and the employer has ended paying my Krankenkasse. For now, i am filling up the forms for Arbeitsamt. I will consider the next steps to be taken with my employer after this.

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On 29.11.2019, 21:23:57, write2nadeem said:

My employer in Berlin and I got into a work contract, and I get money in two forms.

1) A small salary component, my income was 1900€ in brutto (a part income as Project manager)

2) I work as freelancer to the same employer, i build software and bill him every month.

This may give you a rather strong leverage against your employer: It sounds like he was dodging tax and social security payments on the freelance part of your payments. Which is a crime and not taken kindly by the authorities - and the managing director will be personally liable for this.

Fun fact: Berlin-based startups are also subject to German laws...

Do seek legal advise ASAP.

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