What is the official resignation date when the registered post was delivered on time, but when to a collection point I quit on 25th February and sent a letter (tracking with signature) to the HR department since my contract says that the resignation should be in written format. The letter could not be delivered but the recipient was notified to collect it from a nearby post office. But the HR denies receiving it on 28th of February, saying I do not have your letter on my table and today is already 1st of March and we will consider resignation from the 1st of March instead of February. The end date for resigning in March compared to February will be one month longer, since the notice period starts the month after my official resignation. I have sent it on February end and if the HR has not received it on time even after notifying then how is it my mistake? Why should I serve a longer notice period? Please throw some light on this on how it can be dealt with or is it legally accepted I also have snapshot of the DHL tracking says the recipient is notified on 28th Feb. Does the notice to the recipient to pick up the post count as delivered? I had to send it on Friday since I received my next company offer letter on 25th and wanted to review the letter before resigning. Yes, I know it could be very tricky to be delivered the next day but my luck it was notified to pickup on Monday. I had to send by post because the HR sits in a different state and can be sent only by post. I have a chance to negotiate with my manager but wanted to get some Insights before I could do it.
A declaration of intent among absent people becomes effective as soon as it reaches the recipient, § 130 Ⅰ 1 BGB. To reach the recipient means the declaration of intent must under normal circumstances (e. g. not on statutory holidays), get into the “territory” of the recipient (for example a mailbox), and be physically available and intelligible (e. g. readable script [no water/rain damage]). Note, it is not necessary that the recipient actually reads your letter, but it must be possible. Generally, it is presumed you check your mailbox at least once a day, so mail is considered to be delivered the next (business) day unless it arrived/was opened earlier. Ultimately, if it matters, you’ll need to prove when your declaration of intent reached the recipient. I have sent it on February end and if the HR has not received it on time even after notifying then how is it my mistake? It is your risk who you entrust with delivery. It is not the recipient’s fault if you chose an untrustworthy or too slow carrier. Why should I serve a longer notice period? Because you signed the employment contract. Seriously, your employer has a protected interest to trust in you fulfilling your part of the agreement. Business needs a certain level of predictability, so they can organize a replacement employee. If they don’t need or “don’t like” you, you can still ask to be dismissed earlier via a mutual Aufhebungsvertrag, § 311 Ⅰ BGB. Does the notice to the recipient to pick up the post count as delivered? No, a notification about registered mail being available for pickup is not a substitute for your declaration of intent. Again, it must be possible for the recipient to identify the message.
The German law mandates minimum notice periods for work contracts. But there is no restriction on maximum notice periods, as long as the employee does not have a longer notice period than the employer (§622 BGB de|en). So yes, in theory you could negotiate that the company is not allowed to fire you in the first 4 years. But I would find it unlikely that they would agree to that. When the stock options are really your only reason why you want to avoid getting terminated in the first 4 years, then they are more likely to be open to negotiations about the stock option clause than about the termination clause.
Fax or email At this time in common law, faxes and email are considered to have been accepted when actually communicated to the other party. This means that if I sign a contract and send it to you, I acceptance of the offer is not actually effected until you read it. Post However, the postal acceptance rule can play havoc with this. Under this rule, and specifically for post, as long as there is some indication that we contemplated acceptance by post, my acceptance of the offer is effected the moment I put it in the mailbox, regardless of when or whether it actually reaches you. Your scenario A has signed a contract and faxes it to B B doesn't reply A or B tries to claim that they never agreed to this or signed this B has read the contract and was the offeree If B claims not to have read it, A must prove that they have, or that acceptance was otherwise communicated to them. This is unless the postal acceptance rule applies, in which case it does not matter whether or not it was read. Proving that it was posted is a different matter. B hasn't read the contract or was not the offeree A was the offeree (A sent B a signed contract) In this case, A must prove that they actually communicate a revocation of the offer. If B has not accepted the offer, then A can communicate this in any reasonable way. If B has accepted the offer, then A must prove that the revocation was effected prior to their acceptance. Otherwise, A is bound by the contract. A and B drafted this contract together (offer and acceptance is unclear but there is clearly agreement at some point) In this case, it's a bit murkier but it is likely that A would not be bound by the contract.
The first question would be whether you are an employee, or an independent contractor. There is more to that determination than how the company labels you, but that is a starting point. Based on the minimal autonomy that you imply that you have, you would probably be found to be an employee. Then there are limits on the number of hours that you can work in a week or day, which they are complying with. The employer is required to record the hours that you worked, and it is a crime to keep false records. It is also required that an employer pay for the time you work. Therefore the employer cannot legally refuse to pay you for your labor, and they cannot legally falsify records. The employer can limit your pay to 15 hours per week, if you work just 15 hours per week. They can also set ridiculous performance standards, whereby at the end of the week you will not have done what they wanted you to do. Their only recourse is to dismiss you. In response, you can file a complaint, but note that the concept of "wrongful dismissal" under the act is about entitlement to termination or severance pay. The arbitrator may find that the employer contravened the act, and can order them to rescind the termination. Or, before you get fired, you can complain and the arbitrator could order the employer to either modify their work requirements or else to pay you for the time worked. The difficult point (for you) in this case is that the act does not address employer performance expectations, and employers are generally allowed to set their own performance standards. If you have a written employment contract, there might be provisions regarding termination which could help you. Without a written contact, there is no statutory provision that prevents an employer for terminating you, but they may have to give you notice and pay for doing so, as long as you are not terminated for "just cause". Hoang v. Mann, 2014 ONSC 3762 is an Ontario case where an employee was terminated for just case based on insubordination, job performance, inability to get along with co-workers and so on. On the front of job performance, the courts have found that an employer must clearly communicate standards to employees, and give employees an opportunity to meet those standards. But they do not generally decide e.g. how many units per hour an assembly-line worker can reasonably be expected to complete.
A company had me sign two conflicting documents about two years apart. Which one would apply? Possibly both because actually there is no conflict. What you describe does not reflect that these documents are incompatible or inconsistent. There is no indication that the second document impliedly or explicitly replaces the first one. The second document seems just redundant so far. Employees could likewise be required to sign a third document that only says &quot;no drugs or alcohol on the job site on Wednesdays&quot;, and that does not mean that any previous documents they signed expire.
You need, at least, to let the person receive 2 reminders which have to name a reasonable period (after the first exceeds, you can send the second) and if the last deadline exceeds, you have the possibility of escalating further. Although often repeated, this is not correct which makes most of your argument moot. By German law (specifically § 286 BGB) these are the exact conditions for a default of payments: (1)If the obligor, following a warning notice from the obligee that is made after performance is due, fails to perform, he is in default as a result of the warning notice. Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice. (2)There is no need for a warning notice if a period of time according to the calendar has been specified, performance must be preceded by an event and a reasonable period of time for performance has been specified in such a way that it can be calculated, starting from the event, according to the calendar, the obligor seriously and definitively refuses performance, for special reasons, weighing the interests of both parties, the immediate commencement of default is justified. (3)The obligor of a claim for payment is in default at the latest if he does not perform within thirty days after the due date and receipt of an invoice or equivalent statement of payment; this applies to an obligor who is a consumer only if these consequences are specifically referred to in the invoice or statement of payment. If the time at which the invoice or payment statement is received by the obligor is uncertain, an obligor who is not a consumer is in default at the latest thirty days after the due date and receipt of the consideration. (4)The obligor is not in default for as long as performance is not made as the result of a circumstance for which he is not responsible. Depending on what was contractually agreed on the default happened even before the first warning. For example that is the case if a specific payment due date was agreed to. Even if a warning would be required it is only one and you can see that no requirements on the specific wording or form on that warning is given. I don't know how you assume an "official reminder" should look like. According to the law a specific and explicit demand to fulfill an obligation is enough. Also, the warning does not need to contain a specific date. If it doesn't the default is effective immediately.
Is this something that an employer can just do? That is very unlikely, although strictly speaking there is not enough information to answer either yes or no. Section 2810.5(a)(1)(C) of the California Labor Code provides that "[a]t the time of hiring, an employer shall provide to each employee a written notice [...] containing the following information: [...] The regular payday designated by the employer in accordance with the requirements of this code". This implies that the employer is required by law to issue the paychecks in accordance with the timing that pursuant to Section 2810.5 the employer should have informed your girlfriend. The fact that your girlfriend does not know when exactly her salary is due suggests that the employer did not even comply with this statute.
The legal requirement in Russia is to pay or to continue to employ workers for two months following the notice of a layoff. The three month period was probably chosen to put to rest questions about how to treat a mid-month announcement and any questions over the effective date of the notice which may have post-dated the de facto shutdown of operations.