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Signing Contract..Question to trust7 lawyer
Posted on 03/08/2005 10:31 am
Signing Contract..Question to trust7 lawyer
HI Everyone..
This question is specially directed to Trust7 lawyers....comments from other members of the community are also welcome...
What could be the legal consequences after signing the contract with company and then not joining...I know morally and professionaly thats not a good practice at all...but what could be wrong from the legal aspect...like from Ausländeramt...and things like that..
nanda
Member since 12/01/2005
Posted on 03/08/2005 11:31 am
Re: Signing Contract..Question to trust7 lawyer
Hi, I am Sabine and I am a lawyer. Well, if you do not fulfill the contract you will get a "Abmahnung" and if you still do not fulfill the contract, the contract will be canceled. The employer can claim a compensation from you and if you received your residence permit in connection with this contract of employment you will have problems as soon as the Ausländerbehörde experiences it.
Regards
Sabine
sabine
Member since 02/12/2004
Posted on 03/08/2005 12:03 pm
Re: Signing Contract..Question to trust7 lawyer
@Nanda
Morally its not good, but when companies want to lay you off (e.g. in prob period etc.) then most of them dont thing morally -
this happened to few of my friends in 2000 who got termination just in thier first month after coming to DE, because the company said it was not doing well. So if u dont want to join, the best way is to talk with them and ask if you people can "peacefully" - adjust the matter. The most chances are the company will understand if ýou put up some valid reason for not joining which was not known to you during application process.
@Sabine
How much that compensation could be ? is there some formula according to which company can claim some money from the future-could-be-employee ?
MH
Member since 02/01/2005
Posted on 04/08/2005 12:21 am
Re: Signing Contract..Question to trust7 lawyer
talk to them and tell them that you will not work for them anyhow
if they still do not agree to annul the contract peacefully: on the first working day cancel your contract, notice period - 2 weeks. then during those two weeks pretend to work but do nothing.
if you will not appear on the workplace at all, i guess they will want to get a compensation from you. note in this case: it's not US, to get a compensation they have to prove that your behaviour resulted in the losses they claim from you. prove does not mean just to say "if we had him, we would get contracts and money", they have to prove that they did not get contracts only because of your abscense of the work place during first two weeks of your work contract. not very easy to do i would say, and even if they manage it you can always pretend that in case of enforced labour you would suffer from depressions and therefore would not be able to work properly *lol*
-
Member since 20/02/2005
Posted on 08/08/2005 10:19 am
Re: Signing Contract..Question to trust7 lawyer
Hi
I dont see a malpractice of the tax-consultant here. After filing the tax declaration to Finanzamt, he cant do much about it. I think, it is very nice of him that he called the Finanzamt and asked how the case handling was going, as he didnt have to do that.
Two important questions are:
a) Which bank account did you write in the declaration ? that is the account where you will receive the money. Hopefully you didnt put there tax consultant's bank account there..
b) What is written in the tax declaration as your mailing address ? Finanzamt may ask some extra papers and they will normally use this mailing address for the communications with you.
Although you hire a tax consultant, you should at least read what he files, as you are the person who is signing it, so that you can make sure, he is not writing his bank account for Finanzamt reimbursement instead of yours 
Regards,
Lacrima
lacrima
Member since 14/11/2003
Posted on 09/08/2005 10:25 am
Re: Signing Contract..Question to trust7 lawyer
I also don't think your tax consultant did something wrong. I had to wait almost an year to get my tax back. So I would wait bit more. I guess the money would eventually come to your account.
faisalm
Member since 01/12/2003
