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Entering into Germany after resigning
Posted on 25/08/2008 3:06 pm
Entering into Germany after resigning
Hello,
Let me state my scenario and then it will be easy for the expert to answer.
1. I am an Indian working for an IT company and have been working in Germany in IT for that company since 2006. My visa says that I can work for that company only.
2. I have recently received an offer - contract letter from another company in Germany. They have said that they will process my new work permit.
First Question : - Is it not possible to change the company name by Visa offciers in the same work permit which I have till Jan 2009(offcourse I will submit my contract document and other relevant docs).
Second Question : - If the offering company processes for my new work permit it will take around 2-3 months. That time if I resign from my current company, I will have to go back to India to serve the notice period. Will it be possible for me to enter into Germany with the same permit if I do not de-reister my address and do not close my bank account.
Thrid Question : - Incase I do not serve my notice period and just continue in Germany with the current company and if my new work permit gets approved, will there be any problem to stamp the new visa and invalidate the old one.
mkirstens
Member since 25/08/2008
Posted on 26/08/2008 2:20 pm
Re: Entering into Germany after resigning
Thanks PrasadP and Akshay for the answers. Yes, a new work eprmit is required and the new company will do it as I have discussed with them.
All my worries are now concentrated with the notice period as I intend not to serve the required notice period in India because my offer might get invalid in that case. 1 month is OK, but 3 months notice period is not OK for the new company. After reading Prasadp's message, I am taking this seriously as my company might take such action. Akshay has suggested encouraging ideas. But I really need to find out a way to get the best i.e. not to receive any legal notice.
mkirstens
Member since 25/08/2008
Posted on 26/08/2008 5:20 pm
Re: Entering into Germany after resigning
Mkirstens,
Consequences may not be so bad.
For ex: my friend who had signed the bond did not return to his office in Kormangala. Since this One-sided bond was signed between Employer from India & himself, it did not effect his career in Germany. Of course he did receive some Notice from the company, but he gave Power of Attorney to his father who inturn sent return notice to the Employer in India. Labour Law always favors Employee not the Employer & Of course Legal battle is long drawn process (but you can nominate if it is really so).
Plan out properly & your Employer has no moral right to stop you. And never disclose your whereabouts to your Bonded-Employer
Good luck
truster
Member since 26/06/2008
Posted on 27/08/2008 10:13 am
Re: Entering into Germany after resigning
Thanks Truster. That was really clear and good. I understand that the bond which I have signed with my company is solely recognized in India only. As per the German contract which I have with its sister company, I can well serve the notice period in Germany without any problem as it is very less. I though first of sending a notice to my company in India before they send me any legal notice. Well we as employees do have lots of things which can be legally taken against our company for eg: - billing resources to clients when they are in Business Visa etc. Though I do not want to do such an act, but to be safe I want to take this action first so that their next moves go wrong.
mkirstens
Member since 25/08/2008
