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Clouds gather over delayed Opel deal

General Motors' sale of its European brand Opel was thrown into doubt on Friday when an executive pushed back the signing date and a press report said GM wanted to hang on to the company.

Clouds gather over delayed Opel deal
Photo: DPA

GM vice president John Smith said in a statement that the final signing of a 55-percent stake in Opel to the Canadian group Magna might be authorised at

a GM board meeting on November 3.

The long-awaited final decision had been expected this week, the latest date in a string of postponements since GM agreed in May to sell the stake to Magna and its Russian partner, the state-owned Sberbank.

A report in the online edition of the magazine Der Spiegel on Friday said meanwhile that GM did not want to sign the deal after all, but wanted to

restructure Opel itself with the help of German state aid.

EU regulators last week cast doubt on the deal, saying there were “significant indications” that German aid for the deal had been proffered only if Magna and Sberbank won the bid.

Smith said GM directors would discuss a new letter from German Economy Minister Karl-Theodor zu Guttenberg, which said German aid for the deal was available to all bidders, and not just to Magna. Outstanding issues involving GM and Magna would also be taken up by the board, Smith added.

“Given the significance of the Opel transaction, GM’s board will soon meet in its regularly monthly meeting (November 3) to consider Minister zu Guttenberg’s letter and changes to the Magna/Sberbank proposal,” said Smith, who is GM’s lead negotiator for the deal.

Work would also continue to “complete all preparations for the signing of binding agreements should that be authorised by GM’s Board at the November 3 meeting,” he added.

In his letter, Guttenberg urged GM to detail its decision to sell the stake to Magna, in effect putting pressure on GM to ease concerns expressed by the EU Commission. The German minister also pressed GM to come to a final decision on the sale and to provide written confirmation of that decision.

GM has agreed in principle to the sale, but the EU commission is concerned that €4.5 billion ($6.7 billion) in promised German aid was only available to Magna, which would violate EU competition regulations.

Der Spiegel said important members of the GM board now opposed the sale and were banking on getting the German aid to restructure Opel itself.

The on-again, off-again saga has dragged on since GM first mooted an Opel sale in February, with the fate of at least 10,500 of GM Europe’s workforce of about 50,000 hanging in the balance. That is the number of jobs Magna says it would cut, while GM is believed set to eliminate more if it manages the ailing car maker’s restructuring.

Opel works committee head Klaus Franz said the latest delay was the last straw.

“With this, GM has lost the last bit of trust from European politicians and employees,” Franz said in a statement.

But Spanish Opel workers showed this week they did not trust Magna either, calling for a strike to press demands that the Canadian group reduce the number of mooted job cuts at an Opel plant in the northern city of Figueruelas.

Workers in Belgium, Britain, Poland and Spain have slammed Magna’s decision to maintain all German factories in operation, charging that more efficient plants would suffer because Berlin is stumping up state aid.

Berlin has asked other European countries to contribute to the rescue package as well.

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WORKING IN GERMANY

Four steps to take straight away after losing your job in Germany

Losing a job can be a nightmare situation for foreigners in Germany - but following these simple steps will get you back on your feet in no time.

Four steps to take straight away after losing your job in Germany

In times of economic downturn, layoffs are far from unusual – but that doesn’t make it any more difficult for the people who find themselves suddenly left without work.

For foreigners in Germany, the situation is even more frightening. You may wonder whether your residence status is in jeopardy, how hard it will be to find another position, and whether you can support yourself while you look for another job.

Though it may be hard to think clearly at a time like this, following these four simple steps will set you in good stead to move forward – and hopefully, it won’t be long before another dream opportunity comes your way. 

1. Negotiate your terms 

Before signing or agreeing to anything, it’s crucial that you’re familiar with your rights and understand how much notice your employer has to give you and what kind of settlement you may be owed.

Generally, the rule of thumb is that you get half a month of severance for every year you worked at the company. That said, higher settlements can be negotiated in return for signing a termination agreement (Aufhebungsvertrag), so you may want to seek legal advice before settling. 

Even during a probationary period, your employer will also have to give you a certain amount of notice before your last working day. During the interim, you can either work for the company or be put on what is known as gardening leave in English, where you stay home but are paid as if you were working.

This can all be negotiated as part of a termination agreement, so you should think carefully about what works best for you and consider speaking to your labour council (Betriebsrat) or a legal specialist before making any firm decisions. You should also be aware that you have no obligation to sign any agreement and can legally dispute the layoff if you want to. 

READ ALSO: Can I get unemployment benefits in Germany if I quit my job?

2. Get all the necessary documents from your employer

Once the terms of the layoff are final, ensure that your employer gives you all the necessary documents you need to navigate the next phase of German bureaucracy.

The main two to think about first are the confirmation of work (Arbeitsbescheinung) and the confirmation of your holiday entitlement (Urlaubsbescheinigung).

The first can be sent to the Agentur für Arbeit (jobcentre) as proof of your last job and recent layoff, while the second will help your next employer calculate your vacation days for the rest of the year.

An Arbeitszeugnis, or German letter of reference

An Arbeitszeugnis, or German letter of reference. Photo: picture alliance/dpa/dpa-tmn | Zacharie Scheurer

On top of these documents, you’ll want to ask your employer for a letter of reference (Arbeitszeugnis), which is useful for finding a new job in Germany.

You should also keep hold of your last payslip and statement of earnings (Lohnsteuerabrechnung), which are helpful for tax purposes and may also be requested by the Agentur für Arbeit.

Speaking of which… 

3. Register as unemployed with the Agentur für Arbeit

As soon as you know that you are soon to be unemployed, you should register as a jobseeker with the Agentur für Arbeit. To get full unemployment benefits, you usually have to do this within three days of receiving your termination notice or at least three months before leaving.

Depending on what type of residence permit you’re on, you may or may not be entitled to long-term unemployment benefits (ALG II), but most employees are able to get unemployment insurance (ALG I), which covers a proportion of your former salary while you look for a new role.

It’s important to be a little bit careful here, as claiming long-term unemployment benefits (ALG II) can affect any future citizenship applications. Any severance pay you agree to can also result in you losing some months of unemployment benefits, so these are all factors you will have to consider while deciding on the best way forward. 

READ ALSO: What happens to your work permit if you lose your job in Germany?

4. Inform the immigration office 

If you’re on a residence permit that is linked to your job in some way, like a Blue Card or work visa, you’ll need to inform the immigration office about your change in circumstances as soon as possible.

This should be done in writing, and in German, within two weeks of receiving your termination notice.

You should include all relevant personal information, such as date of birth, residence permit type, and nationality, as well as the date of your final day at work. As proof of the layoff, you should also enclose a copy of your termination agreement or a letter from your employer. 

People enter the immigration office

For foreigners who move to Germany and settle in Berlin, a visit to the Berliner Landesamt für Einwanderung (LEA) is ultimately unavoidable. Photo: picture alliance/dpa | Britta Pedersen

In most cases, the immigration office will give you between 3 and 12 months to look for a new job. If they give you a shorter period, be aware that you may be able to negotiate an extension later on if you are struggling to find work through no fault of your own.

Above all, stay positive. Though it may feel like one door has closed, another one is sure to open. This being Germany, you may just have to wade through a sea of paperwork to get there.

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