New job in UK - Do I need to move immediately?

3 posts in this topic

Hi! 

 

I posted previously about wanting to move back to the UK despite the current crisis and have now been offered a job in the UK - starting July 1st.

I'm very hopeful I can negotiate my notice period here in Germany down from 3 months, as I'm currently on 50% Kurzarbeit and there is not much for me to do at all.. So taking me back up to 100% for a month should be more than enough time to prep for my departure - I read that they I can't be on Kurzarbeit during my Kündigungsfrist, please correct me if this is wrong!

 

My question though is that if I accept a job in the UK, paying via PAYE into my UK bank account - do I need to physically leave Germany before the 1st July in order to be tax resident in the UK? Or is there an acceptable overlay where we can be wrapping things up here in Germany (I'm talking 2-3 weeks, not months) but I can already be working for my UK employer?

 

I've been living and working in Germany since Nov 2016.

 

Appreciate any advice, want to make sure we don't make any critical errors here! 

 

Cheers,

 

Rebecca

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As far as I can google, what happens when you give your notice is that your employer will no longer receive the Kurzarbeitgeld from Arbeitsamt.  According to https://www.frag-einen-anwalt.de/Kurzarbeit-Kuendigung-durch-Arbeitnehmer--f75133.html at that time, your employer is liable to pay you your full wages until your last day. However, according to https://www.felser.de/arbeitsvertragkuendigungde/nach-kuendigung-in-kurzarbeit-gekuerztes-gehalt/ there was a court decision stating that your employer only has to pay you the wages you have been getting while on Kurzarbeit, not your full wages.  Both of those are really old though but I couldn't find anything more recent.  You will have to discuss with your employer.  You can print out the first link and show it to them.  They might google or talk to a lawyer and figure out how they want to do it.

 

If your employer doesn't have any work and doesn't get Kurzarbeitgeld for you anymore, I'm sure they'll be happy to sign an Aufhebungsvertrag and let you out of your contract early.

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Thanks for this, my bosses are looking it it for me now!

 

I'm still very confused about transitioning back to the UK.

If I have a contract with a uk employer starting on 1st july, do I need to be in the UK physically by that date or do I have some legroom to start remote and move a few weeks later?

 

Appreciate any help!

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