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Termination of Arbeitsvertrag
Creado 13/07/2011 20:25
Termination of Arbeitsvertrag
Hi,
I am working in Germany for the past 3 Yrs, deputed from an Indian company. Now, I have a job offer from a German company and would like to move over. When I resigned, my Indian company said you need to serve the 3 months notice period in India. In this situation can you all pl. help me understand
1. If I serve the notice period in India, I will not get german salary for 3 months. Will this be considered as a break in my 5 Yrs PR application process?
2. Can I pay the Social security and unemployment benefits for these 3 months on my own (both Arbeitgeber abd arbeitnehmer) contributions, so that there is no break?
3. Can I apply for arbeitslosgeld in germany for these 3 months that I am in India, so that there is no break of social security?
4. OR should I tell my company that I am ready to serve the 3 months notice period but in Germany and not in India. Will there be any legal issues, if I do not return back to India and serve the notice period.
Request the experts to Pl. suggest the best option.
KASKUJI
Usuario desde 07/03/2008
immigrantinv...
Usuario desde 13/07/2011
Creado 16/07/2011 19:05
Re: Termination of Arbeitsvertrag
Hi,
Sorry, I could not understand the link. Can you pl. give me your suggestion for the above Quires.
Thanks
KASKUJI
Usuario desde 07/03/2008
Creado 18/07/2011 19:38
Re: Termination of Arbeitsvertrag
Hi,
Can any of you experts kindly advice me on the above quires...
Thanks
KASKUJI
Usuario desde 07/03/2008
Creado 19/07/2011 11:09
Re: Termination of Arbeitsvertrag
Hi,
Which type of contract and visa you have?Do you work for your german office of the indian company?
If you have company 'dependent' visa then first you need to change it to BE visa which can be done after completing 2 years of work. Search this forum for infos abt this.
If you have a German work contract then the following can be done but if you are on a company transfer with a contract which is bound to the Indian employer and which says you need to return back after your contract then I think it is not possible.
1.Even if you go back to India with this BE visa you are allowed to stay outside Germany for 6 months and you can come back in 3 months for taking up the new job.For PR they consider only 60months of pension and you can apply for PR after 5years and 3 months if they are ask for this in PR process.
2. I think you cannot pay on your own to pension scheme with this visa and may be it is possible only if you have PR.
3.yes,you can apply for arbeitlosegeld if you can get the letter from your current employer that your contract ends in germany and you serve your notice period here. Then you will start getting the money after your notice period and not during your notice period.If your Indian company refuses to give this and ask you to go back then you can resign from your job and apply for arbeitlosegeld and in this case you will have sperrzeit.
4.It depends on what your contract says reg.legal issues.
sek123
Usuario desde 15/02/2008
Creado 20/07/2011 0:27
Re: Termination of Arbeitsvertrag
Hi,
Thanks a lot for the detailed response.
Here are more details about my contract type and BE status.
1. I have a contract with German Branch of the Indian company and I have already a BE status.
2. My new contract is with a salary that will allow me to directly apply for Section 19 unlimited resident permit.
That's really a good news that you have told, only 60 months is what they count and not the break in between for the PR.
Considering the above can you pl. suggest.
Thanks,
KASKUJI
Usuario desde 07/03/2008
Creado 21/07/2011 10:21
Re: Termination of Arbeitsvertrag
If you have a BE visa & a German contract then resign from your current company.Join in the new company after serving the notice period here in Germany if your German contract doesnot say that you should go back and work in India.
If you have a Indian contract that has a bond sort of thing then you need pay that amount to avoid further problems in Indian court.If you want to discuss reg. your contract put your email id here so that I can discuss with you in detail.
sek123
Usuario desde 15/02/2008
Creado 21/07/2011 11:56
Re: Termination of Arbeitsvertrag
Is this TCS bond? There is detailed link on forum also http://www.trust7....inks/tcs_bond_breach/
Pandey99
Usuario desde 03/12/2008