Creado 03/12/2003 9:34

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.

Creado 03/12/2003 9:47

Re: Please Please answer it again.

One more question should i work untill the end date of kündigung or can i stop working and go out for searching work from the day i got kündigung.

Creado 03/12/2003 10:46

Re: Please Please answer it again.

Lot of regards for you GNR if anybody can also give me some comments on this situations.

Creado 03/12/2003 15:39

Re: Please Please answer it again.

Hi KKH,

Don`t worry. As the others have already said, you can stay in Germany. That`s a fact.

First you should go to the arbeitsamt in order to "arbeitslos melden". Don`t forget to tell them that you are married (since you will get a little more arbeitslosengeld). Only yesterday there was a direction in the AAs, which says, that GC have to "arbeitslos melden" immediately after getting the kündigung.

Then you have to go to the standesamt/ausländerbehörde to register the marriage. You will get a one year visa, after that a two year visa and then a "unbefristete aufenthaltsgenehmigung" - you wll be a son of Germany, as GnR said...

But don`t leave your job within your kündigungsfrist. You have to observe the Frist. If you`ll find a job in that time, you could arrange an immediate annulment of your contract ("Auflösungsvertrag"

Regards

jens

Creado 04/12/2003 11:44

Re: Please Please answer it again.

Hi.

Do not let go off Ur rights/benefits just to have a good reference. If U r being illegally asked to leave, then it is ur right to get appropiate compensation.. often known as severance pay..

I havent seen references having any importance for getting the next job.. If U r good and can do the job well, the new employer wont really care about any reference.. this is the way I have seen things happening in Germany..

I spoke to a lawyer and he told me that in Germany, a employer can fire U on these 3 grounds.. pls understand them carefully...

1. If U have been sick for more than 4-5 weeks per year for 2-or- 3 consecutive years. I am not sure about these numbers, but somewhere around them.

2. If U have done something wrong, like slapping Ur employer, stealing etc etc.. means some forbidden crime..

3. Economic reasons.. pretty much ur case.. even in that case there are 3 factors which decide who can be fired and who cannot..

3.A. How old have U been working with the company. 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..

3.B. How old r u. The older U r, the more chances U have to stay in the company.

3.C. Ur family status. Married or single. With children or without children.

Performance is not a basis to fire people in Germany.. if there is some skills Ur employer feels U should be having, then just the fact that U r trying Ur best to acquire those skills is more than enuff for U to stay in Ur job. the employer cant fire U if U dont have some skills but U r trying ur best to acquire those skills.. means there should be efforts frm ur side...

All this information is coming from an experienced and very professional labor lawyer, who is handling the entire workers council in my company..

hope this helps.
Nitin

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

Creado 04/12/2003 15:10

Re: Please Please answer it again.

Hi Marc.

Absolutely correct about references.. but then again do not let go off ur rights for a *better* job, because this *better* job might also have employer like Ur current one, who would wanna take advantage of ones vunlerable situation.. I have been lucky since I was taken into a very good job by one of the best employers in German market without even asking for any references... but then everyone is not lucky as me

thanks Marc for putting some more reasons which could lead to be fired.. like being late in office etc etc.. it really helps everyone in being careful.. could U also pls put down a list of these kinda possible reasons ? just so that we can be more careful

Marc>> 'Here you mentioned time at the company, age and family status (generally "Unterhaltsverpflichtungen" are relevant, which could also be for a divorced ex-wive). While you're right in that all these factors will have to be taken into account, your statement 3.A. is wrong.

It is up to the employer to take all the factors into accont and come to a reasonable (!) decision. This does not always mean the person who has last recently been hired needs to go first. They may be preferred to stay because of other social issues (e.g. age or dependents) or because that person has skills which are exceptionally valueable to the company.'<<Marc

I dont see Ur point Marc.. in first paragraph U r saying that I am right in my statement but then U r saying that point 3.A is wrong.... did U happen to read my statement that

Nitin>>'3. Economic reasons.. pretty much ur case.. even in that case there are 3 factors which decide who can be fired and who cannot.. '<<Nitin,

meaning that all these factors are taken into consideration before firing someone. again.. meaning that ALL THESE FACTORS ARE TAKEN INTO CONSIDERATION, and not just 3.A or not just 3.B or not just 3.B...

and U Urself said that Marc>>'It is up to the employer to take all the factors into accont and come to a reasonable (!) decision'<<Marc

and Marc>>''Here you mentioned TIME AT THE COMPANY, age and family status (generally "Unterhaltsverpflichtungen" are relevant'<<Marc

thanks for all Ur inputs, we benefit sooo much from Germans like U.
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.