Termination?
Good day,
I would like to resign and have a new position in sight (not permanent).
I can prove overtime because my boss has it online in his archive. I also still have vacation days left.
Now to my questions:
- My contract does not specify what overtime is allowed after termination. Can I take it as time off or do I have to be paid out in full?
- If I have enough overtime (if it is used as days off) to not show up at work during the deadline, what must/can I do during this time?
- How do I request that overtime be paid/taken as vacation days?
- Can my current boss deny me vacation after I announce that I want to resign (without having submitted my application) in order to do a trial period at a new job?
- Should I submit my resignation before I get the new job? And what should I do if I do?
Thank you very much for the help!!
(1 votes)
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You have to be sure that the other place will take you.
You should not file the notice before you have signed the new contract.
Don’t be so keen on the overtime theme, you have a notice period.
All the overtime you have accumulated will usually be redeemed by you, so that you stay at home. After the termination, your boss or the personnel department will definitely approach you. Overtime is unpaid, because this is to be in the payroll of the absolute Pain to rewind. If you take the hours, the company will get out of trouble.
Not until you sign the new contract.
Huhu,
first the most important one.
Not until you sign a new contract.
Why? if something goes wrong and you can’t start getting no money first because you caused unemployment yourself (interruption period).
As a rule, you take overtime as a free time compensation if it is no longer possible because it exceeds the period of your notice period, it will be paid out to you.
If your boss has compelling operating reasons (as usual), he can also refuse your holiday if your rest holiday can still be used up until the end of your employment.
Normally, it is not allowed that a worker works trially at another company during an indefinite working relationship. Here you have to look into your contract. The holiday should be used for recreational purposes. Watching the operation and “then stand” (Schnuppertag) is allowed active what do not do. Note that this can even result in a timeless termination on the part of your current employer if you can perform a trial job without consultation etc. in a company that is treated as a competitors.
Sample work is also subject to registration.
All this is not to be said on a flat-rate basis, depending on the employment contract and/or operating agreement there are deviations here.
About Anna
You have signed your employment contract to the current employer or not read it through?
how big is your company and is there an works council?
You don’t quit before you have a new contract in your pocket.
If you want to quit, do it without notice, but without a new contract you have a lock.
Professional lawyers for labour law are there for such questions. In order to be able to answer these questions, you would have to know exactly your work contract and the company’s constitution.
Without knowing these, it is impossible to answer your questions.
You should cancel your current job only when you signed your new employer. Otherwise the office will give you the unemployment benefit.