As of: March 13, 2024, 5:04 a.m
By: Carina Blumenroth
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In the event of a termination agreement or self-termination, there is a risk of unemployment benefits being blocked.
What you need to consider to avoid the blocking period.
It can happen that employers and employees no longer fit together professionally.
Then there is often a termination.
If the employee resigns themselves, it is usually the case that their unemployment benefit I is blocked for up to twelve weeks.
The situation is similar with a termination agreement made between employer and employee.
But the blocking period can be circumvented.
What you need to consider.
What actually is a termination agreement?
Sometimes a termination agreement can make sense for employees.
However, it depends on how it is worded.
© Aleksrybalko/Pond 5 Images/Imago
With a termination agreement, the employment relationship is ended by mutual agreement.
As a rule, no legal disputes follow, as occurs with termination by the employer.
Furthermore, there are no notice periods to be observed, and the employment relationship can also be terminated without there being any reasons for termination, informs the
Chevalier law firm
.
Employees should pay particular attention to the conditions agreed in the termination agreement.
Under certain circumstances, a termination agreement can make sense for employees.
Urged to sign?
The contract can be revoked.
The situations in which employees are presented with a termination agreement are not always pleasant.
Sometimes employees are put under pressure to sign quickly because otherwise the contractual benefits will no longer apply.
If you are pressured to sign immediately, be careful.
Read the contract carefully - you cannot be forced to sign.
If you do sign in such a case, you can cancel the contract.
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Termination agreement and still unemployment benefit?
A suspension of unemployment benefit I can be prevented if the relevant notice periods are adhered to, informs the
Hallermann law firm
.
However, some employees are not interested in this because it means they would have to wait for months.
However, the employee is still entitled to unemployment benefit if there is an important and verifiable reason for concluding the termination agreement.
When such reasons may exist:
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The work that has to be done violates the law, collective bargaining agreements or common decency.
Wages are 20 percent below the standard or local wage.
Employer is insolvent.
Employee is bullied or sexually harassed.
Employment is given up to establish or maintain a marriage or a marriage-like partnership.
The company or personal termination has already been announced and is not due to misconduct.
The involuntary and unavoidable step should be made clear in the termination agreement, informs lawyer Klaus Uhl on
Rechtsanwalt.de
.
Employees would have the right to terminate without notice.
Health reasons and excessive demands: These must be medically proven and show that the work can no longer be carried out.
Even an agreed severance payment that would not have been paid due to a threatened employer termination can prevent a vesting period, lawyer Jan Bergmann informs on
Advocado.de
.
If you are unsure whether you should sign a termination agreement, have your situation checked under labor law.
What happens in a court settlement?
If you have initiated dismissal protection proceedings and agreed to a settlement, this will usually be accepted by the employment agency and will not lead to a blocking period,
Lawyer.de
informs .