Quitting without giving the two weeks notice

32 posts in this topic

Working for another employer whilst on sick leave from the first would be considered fraud in many countries. 

 

I can't be sure because I am not legally trained, but my interpretation of Strafgesetzbuch (StGB) § 263 Betrug is that this would be a crime here in Germany too.

If I am right about it being a crime then Gesetzbuch (BGB) § 823 Schadensersatzpflicht would mean that you could also have to repay any money paid to you by the company which you defrauded. (Probably in this case your health insurance via your first employer).

 

Of course for that to kick in you would have to get caught, which is probably a lot less likely if you don't go showing off about it on an internet forum.

 

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1 hour ago, pappnase said:

Working for another employer whilst on sick leave from the first would be considered fraud in many countries. 

 

23 hours ago, Neudarmstaedter said:

 

 

Yes, but i did mention in my post that I do not intend to write myself sick in one place so I can go to the other. I will inform one employer that I refuse to continue working there, and that I will no longer show up, in which case (from what I can rationally guess), the employer is no longer obliged to pay me, but can either fire me on the spot ("refusal to carry out work responsibiities" is a ground for termination on the spot my the empoyer) or can give me the two weeks notice while not paying me for this time. I will not write myself sick because yes, that would be unfair. 

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1 hour ago, Anita_anita said:

 

Yes, but i did mention in my post that I do not intend to write myself sick in one place so I can go to the other. I will inform one employer that I refuse to continue working there, and that I will no longer show up, in which case (from what I can rationally guess), the employer is no longer obliged to pay me, but can either fire me on the spot ("refusal to carry out work responsibiities" is a ground for termination on the spot my the empoyer) or can give me the two weeks notice while not paying me for this time. I will not write myself sick because yes, that would be unfair. 

They could sue you for breach of contract and demand damage compensation. Not very likely given your circumstances though.

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20 minutes ago, jeba said:

They could sue you for breach of contract and demand damage compensation. Not very likely given your circumstances though.

I am thinking the same thing. However, I have been working there for the last 1,5 months, am not fully trained, and have lots of colleagues who do the exact same thing and are there on a full time basis. I am also PT there (30 hours), and during my last meeting with my boss, she tod me she was not too happy with work. There are also lots of students who work there as well who could cover up for me on short notice, especially during the summer, when there is no school. 

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14 hours ago, Anita_anita said:

I will inform one employer that I refuse to continue working there, and that I will no longer show up, in which case (from what I can rationally guess), the employer is no longer obliged to pay me, but can either fire me on the spot ("refusal to carry out work responsibiities" is a ground for termination on the spot my the empoyer) or can give me the two weeks notice while not paying me for this time. I will not write myself sick because yes, that would be unfair. 

 

Why don't you finish Kindergarten before messing up with work and posting nonsense here instead?

If there is a contract your employer IS obliged to pay you. And you ARE obliged to work. Not turning up at work because you don't fancy it is dishonest, unfair, evil, childish, fraudolent, bad, very bad, very very bad. very very very bad.

Be an adult.

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13 hours ago, Anita_anita said:

I am thinking the same thing. However, I have been working there for the last 1,5 months, am not fully trained, and have lots of colleagues who do the exact same thing and are there on a full time basis. I am also PT there (30 hours), and during my last meeting with my boss, she tod me she was not too happy with work. There are also lots of students who work there as well who could cover up for me on short notice, especially during the summer, when there is no school. 

 

Ask her to give you an aufhebungsvertrag.  It's basically a contract where you agree to quit immediately and they no longer have to pay you.

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On 8/27/2020, 1:41:57, Neudarmstaedter said:

Ok it's not dumb, it's dishonest.

That's such a lovely comment. Bye bye. 

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As others have correctly pointed out, your current employer must first deregister you from the health insurance etc. If this does not happen and you intend to commence work at your new job, you will be paying double contributions and as already mentioend you will be classed in tax bracket 6 so you will have a lot of stoppages. When your health insurance and all the other organisations discover what has happend, you will have a lot of explaining to do.

 

Regarding the losses incurred by your employer because of you not giving two weeks notice you are on the wrong track. Your employer planned on you working for him/her. If you do not turn up for work your colleagues may have to work overtime to do your work. Also, your employer must look for someone to replace you,  advertise the vacancy, spend time looking for a successful candidate and inviting people to interviews. Drawing up a new contract, obligatory talks with the workers council if you have one. These costs are caused by you if  you break the terms of the contract. Normally, there would be at least a two week notice period to do all these things and usually you would finish on the Friday and the new person would begin on the Monday.

 

 Last but not least, in Germany you have to show all your references to all future employers for the whole of your working life. The reason for leaving the company is also stated in every reference. If it is stated that your contract was terminated on xxxx and your leaving date was not within the normal period of notice this will set all alarm bells ringing by future job applications.  BTW: Your employer is legally obliged to give you a reference or an Arbeitsbescheinigung when you leave the company.  

 

 

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Thank you all for the replies. Some were more helpful than others, but I appreciate most who took the time to write. 

In the end I asked my employer to terminate my contract earlier, withiout the two weeks notice. Because I had been working there for just 1,5 months, I figured that I do not need a letter of reference, and that I would be easily replaced. My employer agreed to my request, and in the end all was well.

I did feel bad about it. Even though working there was a bad experience (I had a few issues with my boss), I really did not want to make life difficult for anyone. However, I think I was better off leaving sooner than later. 

 

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