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Kündigung durch Arbeitnehmer
Posted on 01/08/2006 6:38 pm
Kündigung durch Arbeitnehmer
I searched the forum before I created this topic, but I found only special cases and the search was very slow.
My question is:
I am for less than 3 years in germany (no NE) and I want to change my job.
My visa says: "Gültig zur Aufnahme eines Arbeitsverhältnisses als IT-Fachkraft. Sonstige Erwerbstätigkeit nicht gestattet."
My contract says: "gesetzliche Kündigungsfrist" --> I think it is 4 weeks
1) Can I cancel my contract without a reason? Can my boss demand something from me?
2) Can I get a new workpermit?
3) What would you advise?
kaan.oezturk
Member since 10/02/2004
Posted on 02/08/2006 9:55 am
Re: Kündigung durch Arbeitnehmer
Hi
1 - "Can I cancel my contract without a reason?"
Yes you can if you respect the conditions written in your contract
2- "Can my boss demand something from me?"
Yes. He will demand you work the legal Kündigungfrist time, but you will be payed for that and if you still have holidays you will need to negociate with him. I'm not sure the legal time is 4 weeks, I think should be longer. Maybe another guy can help here
3- "Can I get a new workpermit?"
Of course you will get it. The problem can be you are less than 3 years here so MAYBE the ABH wants to send you to the Arbeitsagentur for an Arbeitsmarketcheck. But you already have another job? This could be important.
4- Before do anything, just go to your local ABH and ask in conditional way: "what would it happen if ...."
Search in the forum. Allegedly, getting a GC gives you from the moment 0 an Arbeitsmarktcheck and is not necessary to repeat it if you will work in the IT field. But some ABH don't think the same so, the better is for you to ask.
Regards
YO
YO1
Member since 17/11/2003
Posted on 02/08/2006 9:57 am
Re: Kündigung durch Arbeitnehmer
1-) Yes you can. If you give him a notice on time.
2-) If your new job is also in IT, then your current residence permit seems to be enough for it and looks like you dont need a new work-permit.
3-) Go to ABH, tell them that you are intending to change job in IT, ask them whether you can work with the current clause without problems(IMHO, you should be able to) If not, ask them whether they can change the clause on your residence-permit according to BeschV §46.2 (Search the forum for more info on this) provided that your initial work-permit (yellow paper) was given before 1.1.2005 on IT-ARGV.
Good luck
Lacrima
lacrima
Member since 14/11/2003
Posted on 02/08/2006 9:59 am
Re: Kündigung durch Arbeitnehmer
My friend YO was faster than me.. 
lacrima
Member since 14/11/2003