Terminating a work contract

65 posts in this topic

This may help some of you. Suffering from culture shock, some of you may always be thinking of how things work back at home and how things here don't work so easily. It does not get any easier when you have found work and signing that job contract and having a change of heart, wanting to leave that job, after weeks or months, because of stressful conditions or other legitimate reasons. Signing a contract here in Germany, means you are literally signing your life, because if you do not honour the contract your employer will hold you in breach and will take you to court over it, sueing you for damages and your life will be disrupted.

Be responsible and READ CAREFULLY EACH CLAUSE OF YOUR WORKING CONTRACT and then decide if this job is worth working in the conditions stated in the contract. Once your signiture is on it you are lawfully binded to the Company, Firm whatever. Business is taken very seriously here.

 

Things to check are:

See the conditions ,that is for the duration of employment and how long for giving in your notice in the case of you wishing to leave your job.

See if their is a clause where you are free to leave with out giving notice.

See if you can hand in your notice in a week

 

Being Binded to a peice of paper, can be horrific when you wish to terminate immediately, their is no escape here. Either you have to stick it out or face the consequences.

Some employees give in a days notice or a weeks notice, where they are binded to giving in their notice to their employer, 1-3 months These people are then in very big trouble.

Your company or firm etc, will slap you hard for REFUSAL OF WORK !!!

 

They play dirty here, they will turn your situation to their favour. I know personaly of a lovely lady who because of stressful conditions in her job, wanted to leave immediately as it was affecting her mental health,

and they slapped her with refusal of work, she then went to the Doctors and was not able to get Health certification releiving her from her work duties and so she ended up staying at work right to the end. She now is a total wreck and is undergoing therapy as I write. She has no energy to persue this matter and needs to get well and she will be returning back to England as soon as she becomes better.

It is a horrible story.

So PLEASE BE CAREFUL WHERE YOU PUT YOUR SIGNATURE... LIFE HERE IS NOT A JOKE.

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...if you do not honour the contract your employer will hold you in breach and will take you to court over it, sueing you for damages ...

...which seems to me to be the basis for having a contract in the first place.

 

READ CAREFULLY EACH CLAUSE OF YOUR WORKING CONTRACT

sound advice for anyone...

Business is taken very seriously here.

and no-where else?

 

... she then went to the Doctors and was not able to get Health certification

...so she wasn't ill...

 

Need ketchup on that chip?

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Some Non developing countries do business in leisure, and many of those fine people do come here for work and find all this very alien. So this is not directed to people obviously who are well informed, as I did state NEWCOMERS:

And I prefer Mayo on Chips. Thank You.

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Don't quote me on this one but I am quite sure there is a legal notice period in Germany of no more than one month. I have personally used that one before without any problems (gesetzliche Kündigungsfrist) - though this was back in 2000. Even if your contract specifies a 2 to 3-month period, the company you are working for cannot hold you to it. In this time of increasingly fleeting and easily dissolved employment contracts I would be surprised to find you have to stay on any longer than four weeks at the most, even in Germany.

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If it's a full time job then your notice period is at least one month.

http://de.wikipedia.org/wiki/K%C3%BCndigun...im_Arbeitsrecht

 

but, if your contract says something about a probationary period (first 3 or 6 months) you can usually terminate your contract within two weeks.

 

Obviously you can and are supposed to use the rest of your annual vacation (1/12th per month you were working of course), so it's actually perfectly possible to hand in your notice and leave the next day.

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I have a a problem... :(

I have a limited contract until the end of August and I still do not have anything in writing whether they intend to keep me working there or if my employment at the Company is ceasing.

I have registered at the Arbeitsamt as "Arbeitssuchend" to be on the safe side.

I have heard that, according to the law, they should tell me something three months before the end of the contract.

I don't know what to do...would it be best to ask my boss or the Human resources?

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Its always best to have a quiet word with your immidiate boss first . If they have enough work , he will know , and if you are good at your job he will want to keep you . Sometimes companys play politics . At my current firm , i was on a " befristed contract " for 1.5 yrs , which pissed me off , but the boss kept on saying to me that i shouldn´t worry , the books were full , and they would take me on permanently , but the personnel department play games .

Needless to say , my boss was right .

 

Other people where i work have literally been on their last day before getting a letter confirming that the contract had been extended or changed to unbefristed . Its a long time till the end of August , no need to panic yet .

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Had a mate with problem and he also registered with the Arbeitsamt told the H.R office what he had doen and bobs your uncle they gave him a full working contract.H.R. had overseen it.

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I got an answer, they are not going to keep me there, so I will register as "Arbeitslos"

:(

Hope I will be able to survive in Berlin with the "Arbeitslosengeld"

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Hi all

 

Is it possible to cancel a work contract before it comes into effect. There are 6 weeks left before it comes into effect. If my friend gives the company notice that he will not be taking up that position, what is he liable for.

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I would also like to find an answer to Shamrocker's questons. I have just received an offer of a lifetime that I simply cannot refuse. The problem is my current emplyer. In my contract, it states that I need to give 8 weeks notice before the end of the quarter and that I need to work until the end of the quarter. There is only 6 weeks left to the quarter (until Dec.31). The next time I can quite is next quarter which means that I have to pass up on this amazing chance of a lifetime for my career. As you may have noticed, I am not planning on declining my new offer. What are the consequences of not abiding by my contract? It really hope someone has an answer, or advice on finding a solution. I already talked to my HR and he said that he has to talk to my team lead to see if it is possible for them to replace me, I know that the odds of that are very slim... :(

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Here are the German Labour Laws in English if anyone needs some info...

 

http://www.bmwi.de/English/Redaktion/Pdf/__Archiv/labour-law/works-constitution-act1,property=pdf,bereich=bmwi,sprache=de,rwb=true.pdf

 

 

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if it's the "offer of a lifetime" I'm sure they can wait another couple of weeks if you explain the situation. As a matter of fact as your future employer I would be very worried if an employee behaves that way and doesn't honor contracts.

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I got an answer, they are not going to keep me there, so I will register as "Arbeitslos" Hope I will be able to survive in Berlin with the "Arbeitslosengeld"

 

1/2 berlin live on Arbeitslosen Geld...and to be honest its prolly one of the best places to be cost of living wise.

 

Greg

PS i am also looking for work

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HI Folks,

 

Let me explain my situation, I have signed a work contract to join on 24th Jan , but I am joining on 14th Feb.

As I discussed with the employer he also agreed on it.

 

If I wont join the company now?? what would be the consequences as I already signed the contract.

 

Regards

Raaaavu

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There should be a clause on this in your contract. In most of the cases I've seen, however, cancellation is not possible prior to starting the contract. You could quit on your first day of work, but you might be required to work the notice period (probably two weeks). Or your employer might just release you. No way to tell.

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Depends on the contract. Many employment contracts permit either side to get out of the contract during a 6month probationary period, but even then there may be a period of notice - 4 weeks for example. You are obliged to the terms of the contract, so it may be a good idea to read what it says about early departure or non-arrival.

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Hi, i have a problem.

Few weeks ago,I came to Germany because my boyfriend is working here.

I started a working as babysitter for a family,i got a contract for 12 months.

Now the family told me that they don´t need my help anymore.

i will work there until the end of November(3 months)

 

The questions i have are:

-May i take the rest of the holiday?Should i count that based on 2 or 3 months?`

-Am I eligible for sick leave?

-I got an health insurance,what should i do now? what should i pay?

 

Regards

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If i were you, i' d probably keep my gob shut!

 

Edit... Stop editing too!

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