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  #41  
Old 26.12.2016, 11:15
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Re: Notice Period

Uhhmm, that happens a lot? Not unusual
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  #42  
Old 26.12.2016, 12:13
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Re: Notice Period

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Legally yes. How it is handled in your company is another question which we can not answer. But if the best solution for the company is to put you on garden leave and fill the spot by another person asap then they will do it.
Who are "they"?
"The best solution for the company" is a very difficult part. Who can decide what is the best for the company? The company owner is taking care of 100 thousand employees and cannot be involved. As long as I am working for the company I represent a part of the company as well. Who possibly could monopolize "the company" and decide on its best interests? Nobody. There are multiple rules and regulations accepted by the company which tell people how to proceed in different situations, and they have to be followed.
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  #43  
Old 26.12.2016, 12:18
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Re: Notice Period

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Who are "they"?
"The best solution for the company" is a very difficult part. Who can decide what is the best for the company? The company owner is taking care of 100 thousand employees and cannot be involved. As long as I am working for the company I represent a part of the company as well. Who possibly could monopolize "the company" and decide on its best interests? Nobody. There are multiple rules and regulations accepted by the company which tell people how to proceed in different situations, and they have to be followed.
Well, someone in that company decided that you have to leave, which is bad for you. As in how that contract ends is between you and HR. Best to ask HR and see what agreement you can reach.
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  #44  
Old 26.12.2016, 12:22
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Re: Notice Period

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Well, someone in that company decided that you have to leave, which is bad for you. As in how that contract ends is between you and HR. Best to ask HR and see what agreement you can reach.
Not so fast I didn't quit yet and still fully employed
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  #45  
Old 26.12.2016, 12:24
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Re: Notice Period

Good! But then again, shortening your notice period by using holidays is still something you need to discuss with HR
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  #46  
Old 26.12.2016, 13:57
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Re: Notice Period

Still, I don't understand these long notice periods.
What is the point of having someone hanging around for 6 months? this isn't good for any of the involved parties.
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  #47  
Old 26.12.2016, 13:58
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Re: Notice Period

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Still, I don't understand these long notice periods.
What is the point of having someone hanging around for 6 months? this isn't good for any of the involved parties.
Finish projects, find someone new and be able to do a handover, things like that
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  #48  
Old 26.12.2016, 14:22
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Re: Notice Period

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Still, I don't understand these long notice periods.
What is the point of having someone hanging around for 6 months? this isn't good for any of the involved parties.
Some sensitive projects continuously need to be taken care of, and often finding the qualified replacement and bringing him/her up to speed takes time.

If the employee of such qualification loses his job then it takes time as well to find another place.
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  #49  
Old 26.12.2016, 15:49
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Re: Notice Period

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I don't think my manager can increase the number of employees so easily. He has fixed amount of places and would have to wait for me to leave. I am not sure if he is allowed the overlap though.
You're mixing up two aspects: legal and coroporate regulations.

There is no law that would forbid your employer to hire anyone else while you're still formally employed. In fact it's even quite normal to hire someone new once a person resigns and there is often a period of overlap, if only to have a proper handover and introduction of your work.

Whether your company is able to increase headcount (if only temporarily) is a different matter. In my experience, no one gives a toss about headcount during the year, but only at the end. But there is no law whatsoever that would regulate how many people a company is allowed to have at any given time.

Bottom line: what your company does in terms of rehiring is irrelevant for you. You are formally employed, continue to receive your salary, and are not allowed to take on another job as long as this is the case. Your company, in return, is obliged to pay your salary and social insurances contributions for the length of the notice period, but as far as hiring someone else is concerned, they can do whatever they want.
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  #50  
Old 26.12.2016, 16:05
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Re: Notice Period

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...
Bottom line: what your company does in terms of rehiring is irrelevant for you. You are formally employed, continue to receive your salary, and are not allowed to take on another job as long as this is the case. Your company, in return, is obliged to pay your salary and social insurances contributions for the length of the notice period, but as far as hiring someone else is concerned, they can do whatever they want.
I disagree -- what my company does in terms of rehiring is relevant to me. Once I terminate my contract, I might want to negotiate a shorter notice period. I cannot expect that the company would grant it to me only because I find it useful. But if the company also is interested for some reason to shorten my notice period then we would be able to get to an agreement. This is why knowing the details of the company rules and policy is important and relevant to me.
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  #51  
Old 26.12.2016, 16:25
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Re: Notice Period

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I disagree -- what my company does in terms of rehiring is relevant to me. Once I terminate my contract, I might want to negotiate a shorter notice period. I cannot expect that the company would grant it to me only because I find it useful.
They could also deny because it means you can not work for a competitor.
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  #52  
Old 26.12.2016, 17:09
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Re: Notice Period

It doesn't really matter whether you agree or not, I'm afraid

If it's in both parties' interest to shorten the notice period, then great. If it's not for whatever reason, then see above. You have no say about how and when they replace you. Generally speaking that is. Just like you wouldn't have a say if they brought in someone new to do your job before terminating your contract (while morally questionable it is not illegal). I outlined the mutual obligations above - and that's essentially it.
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  #53  
Old 26.12.2016, 17:22
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Re: Notice Period

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If it's in both parties' interest to shorten the notice period, then great.
Exactly You see it correctly.
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  #54  
Old 03.02.2017, 18:22
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Re: Notice Period

I try to follow up on the topic.

I am in a grey situation. I am co-founder and co-owner of a company, but came to the conclusion I want a change.
In the fuzz of when we started, we did not had contracts for founders and co-owners.
I read in the Arbeits-rechts website the minimum Notice periods for "normal employees". Are you aware about any special conditions for co-owners of companies?

thanks in advance
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