15
aviophile
24d

Let me tell you why I feel like a shit right now. I work as sw dev in a country worse than Germany and company I interviewed is located in Germany. So this is kinda big deal for me.

I interviewed with the company last year, interview went really well. They told me during interview that they would return in 2 weeks tops. It took 2 months for them tor return. For some reason, I was not hired for that position. Later I learned that the division i was gonna work defunded/separated. After learning that the guy I interviewed really tried hard to give me good news but failed-therefore had to delay bad news, I was not sad for not being able to be accepted for that position or delayed response.

Fast forward to this year, I interviewed with the same company for a position as subcontractor employee on another company. Interview took just before Coronavirus situation started to blow up(mid March), I had to return to my home country when the borders were closed asap, 2 day after interview. Fast forward to May I got the job offer and contract with a good salary, July as starting date. But I have no Visa and you apply for visa with a valid contract. German embassies work at minimum capacity, no new applications for any type of visa including work/residence visa. After my serious research I found a crack, emailed the embassy and they finally agreed to give me a special appointment on the start of July. The company I interviewed sent me new contract(August starting date) automatically.

On mid July, I told the company that visa might not come soon enough, I might not make it to August to start to job. We both agreed to replan starting date once i got the Visa.

On August 6, my visa came. I informed them asap, and they told me the other company will return in 3 weeks with new starting date. I was like WTF we were waiting for this visa for months, why do you need 3 weeks. Anyways, 3 weeks past and the other company still did not give any new starting date. I really feel like shit right now. Last week I asked to the "my" company if there is a problem with my employment(the other company might change plans after all) and they said only starting date is the problem, don't worry. On 3 occasions, they reassured me there was no problem(no, I was not asking them like paranoiac obsessive person, they were preemptively saying it in some cases). They say other company employees were really asking about when I was coming frequently.

What should one do in such situation. Do I even have legal rights? Maybe I will look back at this post and laugh at my paranoia, but I would you random internet citizens' ideas on this situation. They say lightning does not strike twice to same point but living same disappointment with the same company would really hurt. rant over, mamba out.

Comments
  • 6
    - Call them and ask for a firm starting date. If they can't give one, ask what the hold up is, say that you're keen to start ASAP, and ask on what date you should expect to get a firm start date.
    - Look around elsewhere for work as well. Don't put all your eggs in one basket - that's bound to end in disappointment.
    - Once stung, twice shy. I wouldn't apply to this company again if they've messed you around previously, no matter how much you may want to work for them in theory.
  • 0
    @AlmondSauce I wanted to do the first point but the company employees are so nice to me. The problem is other company, if you missed that. I don’t want to force anyone’s hand on sth about to happen already. But I will think the most professional way of doing that.

    I started to do look for other jobs as well.

    For your last point, I can’t really say the first experience was screwing me knowingly. I don’t also know this time is screwing me or lack of communication. They are far from ghosting me but I feel like they don’t understand my “misery” either.

    If you want to read again, there are two companies in current scenario. The company where I will physically work creates problems.
  • 3
    Well, there is / was an agreed starting date and there is a contract.
    If your employment period start at date x (according to mutually agreed contract or other agreements), you should assume payment period begins then as well. It's not your fault you are not getting work.
  • 0
    @sbiewald I will certainly make some research, after all I got a contract signed by both parties. I don’t know the third company can say “it’s corona baby” if they are confronted and my company can say “what can we do, client doesn’t want it”. In emails with company it is clearly stated that third company was gonna give starting date and it was just starting date issue, employment was certain. Maybe in that edge case, I d rather have the knowledge of legal rights than not.
  • 0
    @aviophile They could refer to corona as "höhere Gewalt", but I don't think they could apply in this case: The situation changed not much if at least not in an unexpected way.
  • 0
    @sbiewald what kind of instution shall I apply to, in such case. A specialized court maybe?, even a monetary settlement would be a good start.
  • 0
    @aviophile The first court instance for disputes between employers and employees should be your local "Arbeitsgericht". Ask a lawyer for further details, procedures and relevant law before you proceed further in this direction. You need to pay him all yourself (even if you should win the case).

    Anyway, try to reason with your employer first (phone calls usually work better than mail), as it is certainly not a good start to begin an employment at court ;)

    Was all of your communication over mail or have you called them? If you haven't done the latter, it may speed it up.

    As you have a visa, it is bound to your employment status, isn't it? You might want to point your employer to that, as violating laws in that area can be problematic to them and you.

    Unfortunatley I do not have much knowledge in that area, so that's all I can tell.
  • 0
    I wonder how non-German citizen employee would be received but thanks mate. I will keep the information in mind.
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