h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

I've tried LEO, but as usual when I want something from there it is next-to-useless (because, obviously, my German is so fantastic!)

so...

What is the German term for Constructive Dismissal?

oh, and where are my manners?

Bitte.

Danke im Vorraus!

eep and I forgot
Mods: that last post reads

Please.

Thanks in advance.

I have no idea. Is there anything like a 'constructive' dismissal? I mean, what could be constructive about a dismissal?
Sorry, but I think my German's too poor to translate that.

well, I had no idea what that is and so consulted good old Langenscheidt, which says:

constructive dismissal - unfreiwillige Kündigung seitens des Arbeitnehmers

You'll obvoiously have to describe it, there is no direct translation.

... in fact I still don't exactly understand what it means

I've looked what my Brockhaus says:

Constructive = helpful (hilfreich)

Dismissal= Entlassung

(Kündigung is given as: notice)

which would bring me to 'hilfreiche Entlassung'

However, I've never heard that term, so I'd think it's something like:

Einvernehmliche (agreed on by both parties) Entlassung/Kündigung

It's the closest I can get.

ok, constructive dismissal is where someone resigns their job because their employer has made their position untenable (bullying, changing terms & conditions without agreement etc)

Basically, if you quit because you have no alternative (not due to you being fired for doing something against your contract) sometimes you can claim constructive dismissal.

I'm pretty sure there is something like that here because the British employment laws (from where I know about it) pretty much comply with EU law (as does German employment law)

I'll keep looking - and post back here if I find out what it is.

I really can't think of a translation

well... it's 2 words in English
that means I'm expecting a 42 word phrase in German

probably right, or there really isn't a better translation than the one in my dictionary

... read through the whole wikipedia article now, but couldn't find it

http://de.wikipedia.org/wiki/Kündigung

now I should probably start studying for uni

yes, study for uni
qualify as an Employment Law specialist... and let me know by Monday

(btw, so far I have... "Der Vertrag(das Arbeitsverhältnis) wurde in beiderseitigem Einverständnis beendet/aufgelöst" - not quite 42 words, but I bet he could stretch it...)

Well, that's what I suggested in post #6, just in fewer words.

I'll do my best

hm... that would be something like einvernehmliche Kündigung or so, but I don't think it *exactly* says what you mean, not sure.

yes, B'El

The situation is this: I suspect I have a case. In the UK I almost definitely would. However, before I go to my Union for advise, I'll need to tell them what it is I'm trying to do.

These cases often fail - it's no wonder!

Oh, I'm sure if you explain to your union what it's all about, they will know the legal term.

oh yes
I'm sure they get this a lot.
all round, I think

my Langenscheidt business dictionary says:
Kündigung auf Druck des Arbeitgebers

but that wouldn't be quite what you describe Sho

the question is what you need this special word for?
You have always the right to quit the job. If there are special reasons you can do it without having to respect the period of notice. These might also be reasons the employment office does accept so you won't have to fear a waiting time for the unemployment money. (But to quit without the period of notice is not all that easy)

Another question would be of course, if your employer will have to pay an extra allowance because he caused you to quit.

Usually the unions do have good staff who will know, even if you don't know the right german term.

Sorry that I cannot tell you more....

thanks matodemi

the reason is that if I quit, I want to be sure that I can sue them, and that I don't have to work my 3 month notice. I'll only quit if I have that assurance (and something up my sleeve)

I do understand, but I know that this is quite difficult.

You would have to proove that they did not act according to your contract. Or - as far as I know - you can do so in following cases:

- payment not punctual for several times
- not paying the social things (like health insurance etc.) for a couple of times
- insults (mayor ones)
- assaults
- molestation

In your case it could be difficult, since it could be expected that you can work there another 3 month. Unless of course they breached the contract. Or you can proove the fact of bossing (since it is not mobbing in this case).

It is really best you talked to the union, they should know what possibilities there are. And don't forget to ask them about the unemployment money, they should know about that, too.

If it comes to a quitting/dismissal you have to go to the unemployment center at once! - and ask them right away to pay a course in application because you have no experience in that. Best would be a coaching (I would even recommend to look for a good one that you pay yourself if possible, because the courses paid for by the ARGE are not always the best).

And if you really have to stay another 3 month, but still want to quit, well.... one can always fall ill (not the nicest way, but they don't deserve it any different or I wouldn't even mention it).