Posted on 30.03.2009 12:14

Re: Stuck between Auslaenderbehoerd and Arbeitsagentur

It is a tricky situation. Technically speaking, though you have lost your job, in the eyes of the AA you are not “arbeitslos” as defined by the law. The reason is that your work permit limits you to a single employer and with that status you cannot take up any work, a requirement for being legally deemed to be "arbeitslos". To prove to the AA that your are available on the job market despite your current work permit status, I suggest getting the statement of the AA in writing that you will get the desired work permit on being offered a job. At this stage "arbeitslosengeld" will be of secondary concern to you.

The prime issue will be that the AA has now limited your residence permit as you have lost the job.

As a lawyer I suggest to go one step back while looking for a new job and reexamine what brought you to that point: You have been hired and rehired on a temporary contract. The rehiring on a temporary contract by the same employer for whom you worked previously needs special justification under the law. Check your contract whether a reason has been stated. The reason for having limited the contract in time, however, does not need to be explicitly stated; the reason simply has to be there. If you suspect there has been no good reason why the contract should have been limited in the first place, you can challenge the temporary basis of your contract in court, but will have to do so within three weeks after it formally ended.

Rechtsanwalt_Jain@yahoo.de