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Employer forcing me to travel and do illegal act

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Dear Altruists,

I recently got an offer to do a PhD at a University. Currently I am working with a Service company. From January the service company have put me in 100% Kurzarbeit.

After I got the new offer, I requested them to leave me in 2 months notice although in my contract it is 3 months.

 

-> Now because after resigning they cannot put me in Kurzarbeit anymore, its a problem for them to pay me. The recruiting agent from my service company asked me that I should still be in Kurzarbeit for the next 2 months. I know its completely illegal and I did not agree.

-> They verbally agreed for the 2 months notice in phone but they don't send me any written email although I gave them several mails to confirm. They just don't reply my mail at all.

-> Yesterday they asked me to go to their office to discuss what they want to do for the next 2 months. Their office is 5 hours distance from the place where I am living. I requested them through email to make the meeting online because of corona situation and its really difficult to make a 5 hours journey wearing mask to have a general discussion.

 

I am asking for your advice on below inquiries:

1. I sent the company a resignation letter by post mentioning the resignation date after 2 months. Also asked to confirm me the receipt of the letter and if they don't I will consider the resignation confirmation as mentioned in the letter. ---Please advice if they don't reply me and I join my new job after 2 months will it be a problem by German law? Can it be considered that they agreed by phone?

2. I am in Kurzarbeit for April. Do they have any right to tell me to go to their office in this period? AFIK I am not supposed to work in my Kurzarbeit hours.

3. If my employer ask me to relocate for this 2 months and work for them, how many days notice should I get from them? Because Its difficult to move to a new city in one week notice. There is nothing mentioned in the contract specifically. Please advice if there is any law.

 

I will be grateful to your answers on this. Thank you.

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This should probably be moved to the legal sub forum.

 

Out of interest, were you working for them onsite before the pandemic or have you always been remote? 

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7 hours ago, evildudette said:

This should probably be moved to the legal sub forum.

 

Out of interest, were you working for them onsite before the pandemic or have you always been remote? 

@evildudette I was always working remote. They are service company who provides employees to other companies.

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On 22/04/2021, 21:32:07, ahammed said:

1. I sent the company a resignation letter by post mentioning the resignation date after 2 months. Also asked to confirm me the receipt of the letter...

 

It's likely too late now as this thread is too old, but send such letters by registered post. It costs around 2.5 Euros extra, but you get an electronic receipt from the post office which shows the letter was delivered to the post box. If you pay more, 5 Euros I believe, the delivery person will even obtain a signature.

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On 1/27/2022, 3:07:41, scook17 said:

 

It's likely too late now as this thread is too old, but send such letters by registered post. It costs around 2.5 Euros extra, but you get an electronic receipt from the post office which shows the letter was delivered to the post box. If you pay more, 5 Euros I believe, the delivery person will even obtain a signature.

Thanks for the suggestion. The problem is solved. I did not need to travel. I made them an offer they can't refuse.

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1 hour ago, ahammed said:

I made them an offer they can't refuse.

Marlon Brando (The Godfather) 👻.

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OR...OR... Luke-- a true story about 15 years ago about a Welsh businessman giving a presentation in Glasgow...

He started with a joke..

" What's the difference between the mafia in New York and the mafia in Glasgow?"

 

Embarrassed  silence... so he explained..

" In New York they make you an offer you cannot refuse. In Glasgow they make you an offer you cannot understand."

 

I rest my case!😂

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On 1/30/2022, 9:32:55, john g. said:

OR...OR... Luke-- a true story about 15 years ago about a Welsh businessman giving a presentation in Glasgow...

He started with a joke..

" What's the difference between the mafia in New York and the mafia in Glasgow?"

 

Embarrassed  silence... so he explained..

" In New York they make you an offer you cannot refuse. In Glasgow they make you an offer you cannot understand."

 

I rest my case!😂

:)

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