Posted on 03/12/2003 9:34 am

Please Please answer it again.

Hi Dears,

)I have been working from the last 3 years.
)This company has around 13 people.
)My employer is not telling any reason just he said in kündigung "that you have now finished your work and we need not you anymore".As i have idea due to less orders of software he is doing so or he is thinking i am expensive.
)Fairly saying there is no reason as i know on which he can take such a big step.

Answer Please....

I am asian, and i have married just some weeks before this kündigung into denmark during my holidays there.But due to waiting for traditional functions i could not registered her my self nearest Rathhaus with me.Its the 3rd day of kündigung should i soon transfer my visa from Auslander behorde and register my self ?or any time i can go to Auslander behorde with my wife to get visa on her bases ?Is it effect ?I am affraid if i go after my kündigung period or during this period with my wife to Auslanderbehorde they say go to your home country for visa ?My visa is untill march-2006.my kündigung period is 1st march-2003 and its not stated on visa that i must work for this company.

Posted on 04/12/2003 3:42 pm

Re: Please Please answer it again.

Absolutely right Billy.

But employer cant just ask anyone to leave..

there are rules for who goes out first and who goes later or who cannot be asked to leave...

and that is exactly what we r discussing..

enjoy GreenCard'ing
Nitin Malhotra

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Rebecca Johnson: Money is the opposite of the weather. Nobody talks about it, but everybody does something about it.

Posted on 04/12/2003 4:12 pm

Re: Please Please answer it again.

Billy.

These rights are German laws applicable to work-permit/green-card-holders as well..

other countries like US, UK also have labor laws which are also applicable to everyone, not just their nationals but to work permit holders as well..

Nitin Malhotra

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Rebecca Johnson: Money is the opposite of the weather. Nobody talks about it, but everybody does something about it.

Posted on 05/12/2003 10:04 am

Re: Please Please answer it again.

@KKH

You have 3 weeks after receiving notice. Did you meet a lawyer yet?

@Nitin

"So if U have been working for 3 years in this company, then they cant fire U and keep someone who has just been with the company since past 2 years.. U have been older in this company and so U r in a better position to stay.. "

The point is, in this example you're following the law to the letter, as opposed to understanding its intention. The idea and practice of the Kündigungsschutzgesetz is not to define an exact order for making staff redundant but to avoid "Soziale Härte", which means for example to avoid making the single earner of a family redundant rather than one partner of a double-income-no-kids relationship. It is to avoid making someone who is over 40 or even 50 redundant, when there is a much younger employee with the same skills, because the older person will find it (next to) impossible to get any qualified work ever again.

In this context, it's largely irrelevant whether an employee is with the company for two or three years. Both will be considered as a short time. If there was one employee with the company for two years, and another for 10 years that would be a reason to base a decision on.

Marc

Posted on 08/12/2003 10:59 am

Re: Please Please answer it again.

Hi Marc.

Nitin>>"So if U have been working for 3 years in this company, then they cant fire U and keep someone who has just been with the company since past 2 years.. U have been older in this company and so U r in a better position to stay.. "<<Nitin

was just an example to explain the underlining principle that number of years worked in a company along with social status, the point I made earlier, is a major factor in deciding who goes out and remains..

let me give everyone a small example in trying to explain the lawyers point more precisely. this is also for U Marc.. may be this one helps U in understanding Ur german law some more.. and not following the law of the letter completely..

if there are 2 employees with same social status, same skills, everything same... but employee A. having worked with the company for 5 years and employee B. having worked with the company for 2 years, then in the light of economic reasons, accordingly to the law, Employee B. would be the one who should go out first and not employee A. who has spend more time with the company..

remember that both of them have the same social status..

in order to be more social, the laws takes into consideration all these factors before deciding the final verdict..

Marc, arent U gonna help us Green Carders by telling us more reasons of getting fired ? like private fone calls, private internet surfing etc etc. just like U did previously..

have a grt week
Nitin

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Rebecca Johnson: Money is the opposite of the weather. Nobody talks about it, but everybody does something about it.