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Germany: penalty for breaking contract, is it legal?

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    Germany: penalty for breaking contract, is it legal?

    If the contract was signed in Germany with a German agency, would it be legal for the agency to impose a penalty for walking out early? 'cause the money isn't great, I'd only do it because I want to improve my German but they ask me 24 months commitment. Any ideas?
    <Insert idea here> will never be adopted because the politicians are in the pockets of the banks!

    #2
    Read the contract?
    "Never argue with stupid people, they will drag you down to their level and beat you with experience". Mark Twain

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      #3
      If you're a freelancer I don't see why they couldn't if it is in the contract.

      They'll just deduct it from your last payment and I wouldn't see that you could do anything about it.

      It's fairly normal to have penalties for working for the same client through another agency for example, and I would imagine that a contract could also contain a clause for penalties if you don't fulfill it.

      If you are a temporary employee then I couldn't see how they could impose that there would be a maximum notice period. Some employee contracts have 6 month notice periods but it would be unlikely they could impose some financial penalty if you didn't stick to it. They would have to demonstrate financial damages, and the courts always favour the employee. I couldn't imnagine for a temporary employee a longer notice period than 6 months.

      Probably best to be upfront and tell them how long you want to commit to.
      Last edited by BlasterBates; 22 February 2012, 10:02.
      I'm alright Jack

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        #4
        Originally posted by scooterscot View Post
        Read the contract?
        I haven't got the contract yet, I was given a verbal preview.

        I'll update when I have more details.
        <Insert idea here> will never be adopted because the politicians are in the pockets of the banks!

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          #5
          How about post it in the correct part of the forum so everyone can't call you a moron?
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #6
            Originally posted by northernladuk View Post
            How about post it in the correct part of the forum so everyone can't call you a moron?
            Spoil sport
            Growing old is mandatory
            Growing up is optional

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              #7
              Moved to the correct forum.

              German law is based on a different set of premises than UK law. Blame Napolean. They take contract law, as it pertains to private individuals, rather more seriously than in the UK. Chances are - it'll be a legal debt if you don't pay it.
              Down with racism. Long live miscegenation!

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