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which is better working for Zeitarbeitfirma or Festanstellung ? submitted by Sandy in Work

Dear,

I am working as Pflegeassisten in Altenpflegeheim from last Nov 2016 by Zeitarbeitfirma in Dresden. Recently where i am working, they have offered me Festanstellung Vertag. i am not sure what is good ? as you have experience and knowledge , can you please tell me ? further i have asyl antrag here. will it possible to change my working permission ?

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by Thor (Wefugees)

Hello @Sandy

Nice to hear from you again!

As you most likely know from first-hand experience, working for a Zeitarbeitsfirma means that you only work on temporary basis. Your workplace and tasks can change quite often which can be stressful and you might earn less compared to the regular employees (of course there can be exceptional cases as well).

In general I would say that it is a good idea to switch to Festanstellung if you are happy with your job, the company, the payment and the general situation because it makes it easier to plan ahead. Carefully check the contract that they are offering you to see if it improves your current situation compared to being employed at the Zeitarbeitsfirma.

Keep in mind that you have a valid contract with your Zeitarbeitsfirma. If you want to work at your current workplace permanently, you have to come to an agreement with your Zeitarbeitsfirma because they will lose you as an employee.

Concerning your last question: since your case hasn't been decided yet I assume that that you asked your competent Ausländerbehörde for a work permission, right? If you switch from one type of employment to another you might have to ask your Ausländerbehörde for permission for this new contract again (even though it's the same tasks as before). But I'm not sure about this. Maybe @Marcel can help us out here. He is a lawyer and knows a lot about the legal framework of labour market access.

I hope this answers your questions. Feel free to ask if anything remained unclear!

Best regards,
Thorgen

3 comments
@Thorgen - first of all , thank you for your message. the thing is that they have already cleared with the Zeitarbeitfirma about this. they are asking me , if i am willing to work here. i have to see the differences between both like payment, duration and other things. on other hand about the decision for my case is that - in Dec 2016 they have canceled my application because they told i did not come to personal interview and think i dont need asylum here. after connecting Lawyer . he made a appeal in the Court, that applicant did not received the invitation and some of normal post sent back to Sender - as Receiver is unknown or not living there. Lawyer did well and BAMF started my case again. Then my lawyer booked an appointment for personal interview . with the help Sächsischer Flüchtlingsrat and Lawyer , deeply discussed my case and Sächsischer Flüchtlingsrat helped me to prepare for interview. moreover i provided valid documents and supporting papers related to my case. after some months, lawyer received the answer from BAMF that they have rejected my case again. then again Lawyer made new appeal against this decision in court and focus on Subsidiary protection. It is still running in court and waiting for the decision. Moreover after securing my livelihood , i have applied to Landratsamt Pirna to shift me from my Heim (schmiedeberg) to Dresden city. they asked for my Lohnabrechnung from last three months and letter to shift. i have submitted all and they agreed as i am not taking any more benefits from Government and have secured my livelihood by (unbefristet Vertag über zeitarbeitfirma). i have found an apartment and did my registration at Landeshauptstadt Dresden. later, landratsamt Pirna told me to apply for Antrag auf Umverteilung nach Dresden. i did send to Zentrale Ausländerbehörde Chemnitz on 20.4.2017 and received their answer rejected on 03.07.2017. then again with help of Sächsischer Flüchtlingsrat, i have appeal against this decision and received the answer from court as Beschluss and single judge will decide my case. Landesdirektion wants my klage to be rejected as landeshauptstadt Dresden said it was reasonable for me to travel from Dippoldiswalde (not schmeidebergwhich is 10 km more from Dippoldiswalde), it is not illegal that you took your residence in Dresden, therefore Klage was not necessary and they strengthens that you cannot claim to stay elsewhere than Dippoldiswalde unless you provide reasons like Family or Humanitarian ground. if you want to have a look on my case and i would be happy to send you pdf.
Sandy
Hello @Sandy - frankly I’m not sure in how far we can help you right now. Do you have a concrete question that the community can try to answer? You wrote that you are in contact with Flüchtlingsrat and a lawyer. What did they tell you to do? Best, Thorgen
Thor (Wefugees)
@Thor - my lawyer is only working on my BAMF case. i was told by Flüchtlingsrat to wait for your antrag auf umverteilung. my question is now about working with festanstellung ? if i want to work with them, do i have to wait in between when i apply for new work permission ?
Sandy
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