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Need assistance: Kündigung & Bankenkrise
Posted on 22/05/2009 8:39 pm
Need assistance: Kündigung & Bankenkrise
Hi Friends, i have a serious question.
We are two "angestellter" in our "Abteilung". Both have same qualification, same experience etc.
Now due to "Bankenkrise" one of us have to go(that we feel due to low orders in company). We both are waiting who will go because we dont know.
Family status of us is.
He is = German(white) + Married + No Kids
I am = German (Brwon)+ having second german language + Married + 1 Kid
My wife is pragnent & I am getting second kid after some months.
Now the question is: Should i tell in my company that i am expacting baby in some months ? Because if they come to know that i am expecting baby may be the company(Management) think that i will get some extra holidays and they fire me?????? What should be the reaction of my company(Management)?????
jalal
Member since 15/12/2003
Posted on 22/05/2009 8:52 pm
Re: Need assistance: Kündigung & Bankenkrise
Hi jalal,
sorry that you got such a stuff. Are you sure that one of you two will be fired? What about other people?
According to the law, people having child are exempted from being fired. In Germany such people are protected from layoff. For this, you must enter Elternszeit:
http://de.wikipedi...ung_in_der_Elternzeit
And also:
"Wer Elternzeit beanspruchen will, muss sie spätestens sieben Wochen vor Beginn schriftlich vom Arbeitgeber verlangen und gleichzeitig verbindlich erklären..."
You must do that according to the pregnancy as soon as possible.
This is life, nobody thinks about someone else. You must think which way is best for you.
Klenze17.
klenze17
Member since 30/12/2004
Posted on 22/05/2009 9:28 pm
Re: Need assistance: Kündigung & Bankenkrise
If you guys have Betriebsrat in the company then the selection of the people who are going to be fired is regulated. The keyword is "Sozialauswahl"
http://de.wikipedia.org/wiki/Sozialauswahl
Regards,
Lacrima
lacrima
Member since 14/11/2003
Posted on 23/05/2009 12:46 am
Re: Need assistance: Kündigung & Bankenkrise
Hi Lacrima,
principially you are right with Sozialwahl but during a mass layoff scheme, if the union has a special agreement with the employer, these rules can be overriden. I have seen in the past that a person who has 3 children, 3rd on the way, is fired while a single does not.
jalal, is it a mass layoff in the company? Are there, say, more than 300 people who will be laid off? In this case agreements like "Sozialplan" might be sometimes such hard-to-believe items I mentioned above.
As Lacrima said, the Betriebsrat (union representative) will give you more information. It is better to talk with them rather than the manager because unions are neutral in such cases to comment.
Even a lawyer might be also better.
Just a humble thought.
Klenze17.
klenze17
Member since 30/12/2004