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I am serving a probationary period in a consulting firm. I…

Hi,I am serving a probationary...
Hi,I am serving a probationary period in a consulting firm. I have a child of 14 months, because of which I stated that I would like to be assigned projects which have less or no travel. Citing this constraint, the firm has decided NOT to extend my trial period and is terminating me within the first 3 months. I wanted to check as an employee and as a mother, if I have any rights in this?
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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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12/15/2017
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 17,957
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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Dear Customer,
Thank you for your question.
During a probationary period both parties are free to terminate employments without any reason .In your case if it is because you are a mother this could be some form of discrimination , which entiltles you to sue for damages .
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You should turn to the Antidiskriminierungsstellehttps://www.antidiskriminierungsstelle.de/DE/Beratung/Beratung_Moeglichkeiten/beratung_moeglichkeiten_node.htmlWhere you can be counciled on how to proceed furtherIch hoffe,ich konnte Ihnen weiterhelfen. Bitte fragen Sie sehr gerne nach.Wenn ich helfen konnte freut mich eine positive Bewertung.Vielen Dank
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Customer reply replied 8 months ago
I have received the termination letter. I wanted to understand if this has1. Any negative impact on my future employment possibilities? I have another opportunity lined up where I am awaiting an offer. Will there be an impact on that offer because of this termination letter and its wording?
2. Should I negotiate with my firm to let me resign instead of having this termination letter?
3. Should I ask for any modification of text in the termination letter -e.g, should I ask them to mention in the letter that this termination has been mutually agreed due to my travel constraints?
Good you are askingThis is a mutual contract of terminationYou sign this you get no benefits from the job agency for up to 12 weeks.Do not hand in your own resignation do NOT sign anythingYou can always come here and ask me I am a Fachanwalt für ArbeitsrechtTermination during a probationary period has no impact on your chances to get a job in the future
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Let your employer terminate your employment
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Customer reply replied 8 months ago
Just want to be clear, when you say - 'Let your employer terminate your employment', does that mean, I sign the termination letter they have sent across to me?As of now, I am on unpaid leave till Jan 31st, after which my employment is terminated. I am expecting an offer from another company next week. I want to be sure that if the new company asks me for a 'relieving letter' from the old company, and I present this termination letter, there would be no negative impact.
Dear Customer, the paperwork you gave me is NOT a termination letter .
It is a contract about terminating which you have to sign.Otherwise it is nil and void .If you sign there will be no benefits from
the job agencySo if you sign make sure you have the jobNew employers never ask for relieving letters only if there is a competition clause in your employment contract which might prevent you from working with them
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Dear Customer , if there are no further questions I would really appreciate a positive rating . Otherwise I get no credit for my work
Thx
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Customer reply replied 8 months ago
in effect, this is a mutual contract termination letter which is sent by the employer. If I sign, I do not get unemployment benefits for 12 weeks (after 12 weeks, I will get unemployment benefits). I am currently an Indian citizen on a blue card which was processed by my current employer.Does this termination have any effect on my blue card validity? Can I join my new employer with the same blue card, or would my current employer need to authorise any change to the blue card / work permit?Also, I understand that signing this letter has no impact on my future employment potential (even in other global entities of this same consulting firm, I am applying for other country organisations of this firm since I have been part of the global firm for 16 years now and have several contacts).Thank you for your support. I will definitely give the rating to ensure you get the credit.
Dear Customer, thank you for this additional information
You get these benefits if you have been employed for at least 12 months.
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Do not sign itIf you want to change jobs and have been here for less than 2 years‘ time you need the permission of the immigration office ( Ausländerbehörde )
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Customer reply replied 8 months ago
Are you saying I should not sign the mutual contract of termination? Why? My employer has asked me to send a signed copy back.
Because you have to make sure to have another job first . If not you get no benefits from the job agency
If however you are not entitled to these anyway you can sign
legal eagle
legal eagle, Attorney
Category: German Law
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Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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