this post was submitted on 18 Oct 2023
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Did you receive a written termination letter, either handed out or sent to you via registered letter?
If no: You are still employed. Do nothing until you receive it, the law is on your side.
If yes: There is a so-called "Insolvenzgeld" every employee who got terminated due to bankruptcy is entitled to. This is regardless of the time you have been with the company, so the regular 12 months employment period does not apply.
Furthermore, check if your company is threatened by bankruptcy or has filed for the opening of bankruptcy proceedings.
The big difference is that in the former case, they are not yet bankrupt and can legally sign a termination. If they are already insolvent, then only the court appointed administrator can do so, unless it's a so-called self-administered insolvency (Insolvenz in Eigenverwaltung). So it's good to double check to know whether the termination is in fact legal and binding.
If you have confirmed that the termination was duly received and legally issued, you must inform the Arbeitsagentur in due course (meaning: less than 14 days upon receiving the letter, ideally immediately) to apply for the Insolvency Proceeds. In that case you must as well inform the ABH without delay; however only after confirming that you have in fact been legally terminated. Don't raise any sleeping dogs otherwise.
Thank you so much for the answer! I already received a termination letter, but there is a cancellation period, so I am still employed until the end of November (Sorry, I should have mentioned it from the start). My plan was to look for a job immediately, and in case I can find a new job before I am officially unemployed, then I would just notify ABH that I changed my job. If I can't find a job in time, I will tell them about the situation. Is this a good idea or should I just tell them directly now what's going on?
Is your Aufenthaltstitel, even in the Fiktionsbescheinigung, tied to the specific employment at this company?
If so, you need to inform the Ausländerbehörde immediately and tell them, that you are looking for a different job and ask them how to speed up the process of getting the working permit for a new position from the Agentur für Arbeit.
If you have a Aufenthaltstitel for employment and it is tied to a specific company your title is still valid when you no longer work at that specific company. The working at that specific company is a limit to your title, not a condition of it.
The Ausländerbehörde should get back to you with a timeframe, in which they expect you to find a new job. You are obliged to inform them about any change immediately, e.g. within 14 days. While you are it, showing them that you are proactive about finding a new job is in your best interest.
thanks! I wil call them. My current Fiktionsbescheinigung doesn't say anything about a job.