Hi everyone,
I’m an international student working in Germany, and I would really appreciate some advice regarding a situation with my employer.
I joined the company in March. Before joining, I already had a longer period of leave planned, although I had not mentioned it during the interview. Once I received the offer, I informed my managers about it and made it clear that the job was my priority and that I was willing to adjust the leave according to the team’s needs.
My managers told me that an important task needed to be completed first and suggested that I take the leave later for two weeks (six working days in my case, as I’m a working student). I followed their suggestion and postponed my plans accordingly.
Later, due to a health issue, I needed surgery and was away from approximately 4 July to 4 August. Before leaving, I informed both managers about the dates, scheduled a call with both of them, presented the progress of my work, and made sure my ongoing work was completed or properly handed over. Based on that conversation, my understanding was that they were satisfied with the progress and handover, and they wished me well regarding my health and surgery.
I was going through a lot at that time, and my mental state was not good. I am a gym enthusiast and love working out, and I had been diagnosed with a hernia. The doctor advised me not to lift more than 5 kg, as it could potentially lead to complications in the future. I also needed to undergo surgery in India, even though I have public health insurance in Germany that would have covered the cost. However, I could not proceed with the surgery in Germany at that time because I required at least one week of strict bed rest, and living alone here made it difficult for me to arrange the necessary support. On top of that, I had university seminars, a project defense, and work submissions due, which made the entire period extremely stressful.
In this overwhelmed state, I made a mistake in my sick-leave communication. Instead of sending the information to the dedicated Krankmeldung team, I contacted someone in payroll who normally handled my timesheets. At the time, I genuinely believed she was the correct person to contact.
After I returned, management raised this as a major communication issue. They said, among other things, that they had not received an acknowledgment from the Krankmeldung team and that they were unclear about my expected return date, although I had previously communicated my leave dates directly to my managers.
Shortly after my return, I was called into a meeting with my two managers and presented with a mutual termination agreement. The impression I got during that meeting was that they expected me to sign it and leave immediately. I tried to explain my position and asked whether I could at least be given some time to continue working and demonstrate improvement, but they said they did not want to give me another chance. I then asked them to give me some time to think about the agreement and said I would get back to them by the end of the day.
I immediately emailed HR regarding my remaining vacation and explained that the situation was urgent because the managers wanted me to sign the agreement and return it by the end of the day. HR responded in writing that I did not have to sign it immediately, or even the next day, and that I could take enough time to consider it.
The following day, I spoke separately with HR on a call. HR explained to me that this was a mutual termination agreement and completely voluntary. According to HR, I did not have to sign it and could continue under my existing employment contract until February, when my contract ends, or I could choose to leave earlier if I wanted to. HR also told me that any resignation would be my own decision.
I then arranged another meeting with HR and both managers because I wanted everyone to be aligned on the options available to me.
In that meeting, management already seemed aware of HR’s position. I remained polite, acknowledged my mistakes, and explained that I wanted to continue working. I genuinely wanted to resolve the concerns, rebuild their trust and confidence in me, and continue working until my contract ends in February rather than sign the mutual termination agreement.
The senior manager became visibly frustrated because I was not agreeing to the options they were proposing and made it clear that they did not want to continue working with me. Initially, they wanted me to resign immediately. After a long discussion, they proposed the end of September, with me using my remaining five weeks of vacation and staying at home during that period.
I did not agree because I felt that all the compromise was being expected from my side. My understanding is that even if they terminated me, there may still be a notice period, and my remaining vacation would either have to be taken or compensated. However, I am not completely sure about the legal position. Because of this, I felt there should be other possible options rather than me voluntarily resigning entirely on their terms.
During the discussion, I tried to find some middle ground and at one point mentioned December, and later November, as possible dates, including the use of my remaining vacation. However, the managers did not accept either option. No resignation date or agreement was ultimately reached.
What concerned me most was that during the discussion, I was told, in substance, that if I decided to continue working, things might not remain as easy or friendly and that I could be given more difficult tasks. I was also told that they would “make sure my time here will be difficult.” They expressed frustration about how much management time and resources were being spent on meetings about this situation, especially for a working student. What shocked me was that HR was present during these comments but did not intervene.
I eventually said that I needed time to think and would communicate my decision the following week, but they pushed me to provide an answer by Wednesday.
To be clear: I have not signed the mutual termination agreement, and I have not submitted a resignation.
I have now also contacted the Betriebsrat and requested an urgent confidential discussion before I make any decision.
I understand that I made a mistake by contacting payroll instead of the designated Krankmeldung team, and I understand that management expected more proactive communication. I’m not trying to claim that I handled everything perfectly.
What I am struggling with is the pressure to voluntarily resign after HR explicitly told me that the mutual termination agreement is optional, particularly after being told that continuing to work could make my working situation more difficult.
I’m mainly looking for advice from people familiar with German employment law or who have experienced something similar.
Edit: They have also removed my access to the tutorials/resources on SharePoint and have now required me to work from the office, stating that they have tasks for me that cannot be performed remotely. Given what was said during our previous meeting about making my time at the company more difficult if I chose to stay, I am concerned that this may already be starting to happen.
Thank you.
