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No up-front copy of employment contract

Odd behavior from a future employer

Toytown Germany > Discussion forum > Germany-wide > Legal
aprilfool
Hi TT

I was excited to find a job after a 2 month search. They called me in to sign the contract at their office on this upcomming Monday. When I asked for a copy via email or fax to read before today I was met with the comment that it is against their HR policy.I meantioned that I want to pre read it but that said there was time to do so there on monday ...Isn't is weird???
I will try to take it with me so I can read it in peace when I go there...haven't got a good feeling about it. My German is ok but I would like to check it out with a native speaker. (contract is in German)
At bit more info about the job.
It is a sales position (sponsorship job) for a large international organisation and they only pay a basic of 770 and all the rest is commision...(I think it is better to have a job so as to get a new one that is more along the lines I am looking for)
They also meantioned that I have 20 days off but I read on TT that the rule is 24?
Things start stinking more and more..
What do you think? Looking forward to your comments
Not a happy Aprilfool sad.gif
Janx Spirit
QUOTE
Der Mindesturlaubsanspruch beträgt 24 Werktage, wobei, wegen der Spezialnorm in § 3 Abs. 2 anders als in § 193 BGB, auch die Samstage als Werktage gezählt werden, sodass sich bei einer Arbeitswoche von fünf Arbeitstagen ein Mindesturlaubsanspruch von 20 Arbeitstagen errechnet.

It is 24 if Saturday is counted as a working day in your contract. With a five day week it's 20.

Nevertheless, it does sound fishy that they won't email you the contract to read beforehand. In every job I've had here (three!) they have always let me have a copy to read a few days before signing...

Edit: And is just giving the minimum usual? I have always been offered more.
aprilfool
Thanks Janx Spirit. Now I get it with regards to the holidays smile.gif

The basic was not negotiable...it is ok (not great but ok for a couple of months) but the contract copy is a problem.

Another question:
I also read that cold calling is illegal in Germany. (It is illegal in Denmark to individuals but not to firms)
Is this true?
Serenajean1
First off. I do not know, but I assume it is not illegal as this damn electric company has been calling us non stop for months trying to get us to switch to their service.

My husband just got a new job. They did not give him a contract in advance. Gave it to him that day then sent him home with it to send in.
aprilfool
Hey Serajean1...just because they call doesn't mean it is legal. I heard that one can only contact persons to sell them something if one has met them before. Still not 100 % sure.
I suspect they will only let me leave with a signed copy..but will wait to see on Monday...I will not sign it before I have read it all. Maybe I am just jumpy...would love to know that this is all for nothing.
If I am lucky then I get the chance to send it in(trying to be positive)
Mapleleafdude
I was at a job interview with signing but was NOT given a contract prior to signing to go through, nor was i allowed to take it home for contemplation (in this case for obvious reasons since it was a crap pay job). Mind you I didn't sign cause I could understand all the legal mumbo jumbo a recognized the work/pay discrepancy. I would have passed it on to the media and they would have had a field day here in Hamburg.

You can sign and still get out of the contract afterwards since by law you will have a "Probezeit"(trialtime).
kato
Depending on the job it can be pretty standard to not get a copy in advance. Especially if it's all just supposed to be "standard stuff", minimum vacation, tariff-based pay, outside tariff agreements putting bindings on the contract etc pp.

Take your time to read it in full in their office before signing anything. Bring a friend to read it with you there if you want.
aprilfool
Got to take it home after I insisted. Have signed it..lots of bla bla...most of it pretty standard stuff. Lets see how things go from now. Will keep my eye out for another job in the new year. Thanks for the advice biggrin.gif
HEM
Probably in a different ball-park but when I was offered a job with my current employer they sent me the contract by post & I was able to get my Anwalt-pal to take a look at it before I signed on the dotted line.
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