A termination agreement has its pitfalls.
Sometimes bosses want to get unwanted employees to quit in this way.
For employees, however, it is a way to start a new job more quickly.
A termination agreement is nothing more than a termination by mutual consent.
However, how the latter is defined can vary.
Finally, there are some cases that have not transpired in a way that could truly be described as consensual.
This includes, for example, reports from former employees who have been urged to sign them.
Accordingly, it is not an uncommon strategy in some companies to quickly get rid of unwanted employees.
A termination agreement should be mutual
Such a termination agreement is often held under their noses without a clue, as well as a pen, with a request to sign it immediately.
Apparently, pressure is also being exerted on the employees and/or reproaches made, so that in the end they feel compelled to comply.
And that too without first reading through what exactly is in the contract.
As a result, they have (unknowingly) agreed to an immediate or timely termination.
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A termination agreement should be carefully considered.
© Zoonar/Imago
This means that some of them also declare that the statutory notice period does not have to be observed.
It is therefore possible that this will be shortened by the employer in the termination agreement and that the employer will determine the time of termination at will.
However, in such a case, if the employer has violated the "principle of fair dealing", this can be challenged at the labor court.
However, employees who want a termination agreement of their own accord can take advantage of a shortening of the notice period.
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The notice period can be shortened with a termination agreement
Do you have a new job in mind and therefore want to leave your current employment prematurely?
Both the employer and the employee can set up a termination agreement.
If the employer agrees, a termination agreement is agreed in which the exact date of departure is recorded in writing.
This allows the employee to start his new job earlier.
On the other hand, anyone who simply resigns must comply with a period of four weeks according to the law, according to Section 622 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
But it is important to note that if the employee suggests concluding a termination agreement, the employer is unlikely to offer or pay a severance payment.
Unless the termination of the employment relationship is also in his interest.
However, if you are looking for a job afterwards, you may not receive any money from the state at first.
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