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new job offer / probationary period / EG / Berlin
Posted on 28.02.2006 17:53
new job offer / probationary period / EG / Berlin
Dear friends,
Possible I will get a new job offer soon, the HR said according to the German law, from 2006, the probationary period will be 2 years before a permanent contract, does anybody know about this? where's the original sources? website please.
since my current work permit is bound to my current employer, so the company has to arrange a new work permit for me, how long it can take?
and, I have been working in Germany for 1.5 years, to get EG, do I have to continuously work for the same company or I can change job anytime?
and, does anybody know how difficult or easy to get EG/NE/passport in Berlin or Brandenburg?
many thanks !
wjainagn
wjainagn
Member since 10.07.2004
Posted on 01.03.2006 00:31
Re: new job offer / probationary period / EG / Berlin
according to the German law, from 2006, the probationary period will be 2 years before a permanent contract
Yes, unfortunately true what HR said, but a small correction: it won't be 2 years, employer can put it up to 2 years. The new government has proposed this change, and there had been a lot discussions in the media:
http://forum.opusf...orum/post-238095.html
http://www.abendbl...006/02/07/531217.html
In the last link it is addressed that the law will be effective in Spring 2006. Follow the news.
since my current work permit is bound to my current employer, so the company has to arrange a new work permit for me, how long it can take?
If have GC since 1,5 years, you should get the new job without AMC (Arbeitsmarktcheck - without any check of labour market) at Arbeitsamt according to BeschV §46.2 ( http://aufenthaltstitel.de/beschv.html#46 ). That means, it shall not take time for you.
and, I have been working in Germany for 1.5 years, to get EG, do I have to continuously work for the same company or I can change job anytime?
No. You have to prove that you have worked 36 months within 4 years, no matter in which companies you worked.
There have been a lot discussions about this here. Examples:
http://trust7.com/...k_permit_with_new_law
and:
http://trust7.com/...auf_auflage_aufhebung
In these discussions, DvD and Vicky have got EG and BE with limited residence permit.
In short, EG or BE are better work permits but cause worse residence permits (limited and short time) in practice, which is in contradiction to BeschV §46.2.
Klenze17.
klenze17
Member since 06.11.2004
Posted on 01.03.2006 09:38
Re: new job offer / probationary period / EG / Berlin
Hi wjainagn
Well, Klenze17 is right in all the points he mentioned but anyway I have to point the focus on your Arbeitsmarktcheck.
I'm working now in Brandenburg and I moved from Bayern starting this year. I'm in Germany more than 3 years and at the last minute I could manage to get my BE but till that moment I didn't know if I needed AMC or not.
The interpretation of 46.2 of BeschV is not standart. There are some "grey" points in that regulation that give the Beamter some freedom to interpretation.
I've contacted people from AA Bayern and from Potsdam (where the responsibles of AMC are if you come to Brandenburg) and as you start the whole process in the ABH they really decide wether you will need AMC or not. If ABH decides you need AMC, they send the papers to the local Arbeitsamt (read Arbeitsagentur please), the local AA to the AA of the place you will work and they make the check.
I suggest you to contact people of ABH where you live now and where your company is to know where is convenient to start the process.
In the worst case, the AMC of the people comming to my company are taking about 45 days (AMC and GC processing).
I personally think that Klenze17 is very right but I coudn't convince people of my ABH for that. Thanks God I could convince/explain the boss of ABH (with the employeers is nothing to do - they are sometimes very closed) of my right to BE and that's how I did it all the things in 1 hour.
Good luck and keep us informed
Regards
YO
YO1
Member since 17.11.2003
Posted on 01.03.2006 15:11
Re: new job offer / probationary period / EG / Berlin
many thanks, klenze17 and YOI, you are really helpful.
I'm not a GC holder, now live in Baden-Wuett for 1.5 years, so still have some time to go for a BE or EG.
The HR of new company in Berlin said there's no problem of changing my work permit, I guess she means without AMC.
will keep you updated.
thanks again.
wjainagn
Member since 10.07.2004