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Changing job on Germany

Last activity 27 May 2021 by Varun gupta14

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Varun gupta14

Hi All,

I have a question regarding last working date as I am going to switch from ICT permit from current company to Blue card with new company so wanted to know if it is ok to keep only a weekend gap between these two jobs as I have kept my last working date as Friday(July) and new job will start from  Monday (July)

My blue card appointment is in July 1st week so wanted to check if above is ok to the authorities

beppi

Probably o.k., but why don't you put your last working day on the Sunday instead in order to have no gap?

Varun gupta14

Yeah even I thought of the same but last working date formalities which needs to be completed on last date would be a problem. Moreover O have a Fiktionbeschenigung valid till end of July and have an appointment in 1st week of July .
The only thing I am more concerned about is that I havw a private insurance provided by company and cannot be taken as individual so will it extend for sat and Sunday or I have to look for alternative.

Also Normally is it ok to have just 2 days gap in Germany between jobs?

beppi

Probably o.k. (ask the visa office!), but you cannot have a gap in your health insurance coverage. (Remark: What you describe about your health insurance is highly unusual and probably not legally possible, as far as I know. Please check again!)

Varun gupta14

Actually on ict it is possible to have a company provided insurance where company pays 100  percent.
Its from allianz
I will check with allianz to confirm the coverage till the weekend and see what is possible. If not can i take health insurance for 2 days?

TominStuttgart

Employers must pay for half of one’s health insurance but as a benefit they can pay 100%. But there seems to be a fundamental misunderstanding. The insurance is only paid for by the employer, not bound to them, not a company group policy which doesn’t exist in Germany. Unless something very strange and possibly illegal is happening, the insurance will continue even if one changes jobs. The thing that ends is that the present employer pays for it – not the coverage. And the new employer will half to again pay half unless there is a contractual obligation that they pay more. You then need to pay half of the premium and they would calculate in a couple of day’s addition that you pay 100% if that is the case. But this is really insignificant. Maybe adds a few Euros to one’s normal monthly premium.

Varun gupta14

Hi Tom
I don't think its illegal as I am under voluntary health insurance and as I am not an employee in Germany and came here on deputation under ict work permit where company pay me nett salary although insurance premium is part of my gross which is there on my salary slip and yes for the future contract I have taken the new public health insurance.
I will double check with insurance company to have get the insurance valid till weekend

TominStuttgart

How are you not an employee in Germany when working here for years?

An ICT is an inter company transfer. It gives a special situation for residency to work for the German branch of a non-EU based company. And one is of course working in Germany during this period - so I don’t see how German law about employment and health care should not apply. The legal basis for an ICT is shown in the link below (German only) and mentions nothing about such exemptions. On the contrary, it shows that one is a resident in Germany at the time. The second link posted shows an overview in English of the possible residency possibilities including an ICT. 

If there are special conditions in connection with this status then I wonder where they are officially mentioned? And the normal rule is that one cannot switch from private to public insurance options. Is this really confirmed - and if so, what basis is there to do so?

I am not saying that they information you claim here is necessarily wrong but I have no personal experience with an ICT and much of this doesn't seem to fit the official information I find online.

https://dejure.org/gesetze/AufenthG/19.htmlhttps://www.arbeitsagentur.de/datei/dok_ba014306.pdf

beppi

TominStuttgart wrote:

And the normal rule is that one cannot switch from private to public insurance options. Is this really confirmed - and if so, what basis is there to do so?


Changing from private to public health insurance is only possible (and in this case even compulsory) if the new employer pays below €64350/year (plus the OP has been privately insured for less than 5 years and is below 55 years old). In all other cases, a change to public coverage is not possible.
But the OP is in a strange, non-standard situation that is possibly not legal. So he should be careful, because, if they find out, he has to retroactively pay the insurance fee for the time since he came to Germany. (This could be many thousands of €!)

Varun gupta14

I understand  but as I said on ICT you are an employee from your parent company who is deputed to its german branch and working based on the deputation contract which states that company will pay for all the medical insurance.
Also there is no change or exception apart from health insurance if your salary is higher than a specific amount then you can have a voluntary insurance and in my case I have the health insurance so no exception .

Varun gupta14

Hi all
Please note that when we apply for new public insurance these all things are to be declared as since when you are in Germany and which insurance you had and what is the reason for joing new insurance so trust me all these things are reviewed  and you cannot hide such things.
More over I appreciate you taking time and addressing my query but my question was to know the normal gap in Germany between two jobs

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