A termination agreement can mean the end of unemployment benefits - this is how you can avoid the embargo
Created: 12/29/2021, 11:36 AM
From: Andrea Stettner
In many cases, those who sign a termination agreement do not receive any unemployment benefit - and that for several weeks.
We show you what to look out for.
A termination agreement * is an alternative to termination and can be beneficial for both parties.
Long notice periods are avoided and employees are often offered a generous severance payment.
But the termination agreement also has disadvantages, such as a possible
blocking period for unemployment benefits
.
Do I get unemployment benefits if I have a termination agreement?
First things first: Anyone who signs a termination agreement is generally entitled to unemployment benefit (ALG 1 or 2).
Employees must report to the employment office as looking for work at least three months before the end of their employment relationship (in accordance with Section 38 (1) of the Social Code [SGB] III).
In the case of a
termination agreement
offered at short notice, it is sufficient
to inform
the office
within three days of the conclusion of the contract
.
A termination contract can result in a ban on unemployment benefit (ALG 1).
© epd / Imago
How long is the blocking period for a termination agreement?
However, when employees sign a termination agreement, they must
expect
a
blocking period for unemployment benefits of up to twelve weeks
.
This applies in particular if the employment contract has been canceled without an important and verifiable reason - because then unemployment (as in the case of self-resignation) is self-inflicted, informs the
Arbeitsvertrag.org
portal
.
You will not receive any payments from the Employment Agency during the embargo period.
This can put a strain on your financial situation, especially if you do not yet have a job in prospect.
Therefore, you have to carefully weigh the advantages and disadvantages of the termination agreement.
Also read:
Quitting without a new job?
Before you go, there are two important questions you should ask yourself.
Can the embargo period be shortened?
The lock-up period for unemployment benefits can be
shortened
from twelve weeks
to six weeks
, "if the usual duration would mean particular hardship for you," informs
Arbeitsvertrag.org
.
A reduction is also possible if you assumed when you signed the contract that you would not receive a blocking period because you received information from the Employment Agency.
Can I bypass the blocking period for ALG 1?
A termination agreement can also be concluded with ALG 1 or 2 without a blocking period.
The Hallermann law firm informs on its blog
that there is no impending suspension if the termination agreement has been concluded
for an important and verifiable reason
.
This is about the case when
waiting for a termination would not have been reasonable for the employee (e.g. in the event of harassment or bullying) or
the employee is threatened with an operational or personal termination (e.g. due to a long illness) and the termination agreement is intended to anticipate this.
But according to Arbeitsvertrag.org
, employees can also bypass a lock on unemployment benefits
for other important reasons .
For example, anyone who proves that they have the
prospect
of a new job, is demonstrably
overwhelmed by the work tasks or ensures the
care of their child
through the termination agreement
, may not have to forego unemployment benefits. In order to be absolutely sure that a blocking period is excluded, employees should definitely seek legal advice before signing a termination agreement. By the way, in the event of a termination, employers may have to pay a severance payment. Read here when that is the case. (as)
* Merkur.de is an offer from IPPEN.MEDIA.