The signing of a termination agreement should always be carefully considered, since the consequences for the unemployment allowance can be serious. A lock-up period of up to 12 weeks is not uncommon when the work item is voluntary. Nevertheless, there are also ways to get in spite of termination agreements unemployment benefits.
With the unemployment benefit it might be difficult in a termination agreement Sometimes a termination by the workers is indispensable: The job does not like, a time-out is at a career change towards self-employment or the transition into a new employment relationship. Depending on the reason for termination, there are different rules when it comes to unemployment benefit. An alternative to termination of employment is a termination agreement, which is closed in mutual agreement between employer and employee. He ended the employment relationship to a self-selected date, free of notice periods and acts at least better than a termination, the proceeds from the employer on the resume.
The qualifying period for unemployment benefit is valid up to 12 weeks
Where an employee but for a termination agreement, the first one as if he would quit his job. Termination of employment is only one reason for a blocking time for unemployment benefit, which will be paid only if a worker has involuntarily lost his job. Up to 12 weeks after termination of employment accounts for the payment of unemployment benefits during a vesting period and the period of entitlement to unemployment benefit shortened typically by a work item by a quarter. Since a termination agreement initially means that a worker his work task agrees, it is not involuntary fall in unemployment and is therefore banned.
Unemployment benefits despite termination agreement
Workers should therefore carefully consider whether they really want to cancel or end by a termination agreement their jobs since the financial consequences can be serious. Nevertheless, there are a few tips and tricks that despite cancellation agreement immediately after the termination of employment, the full unemployment benefit is paid. If the cancellation agreement namely, for example, by the employer from the employee or make it to agree with the employer that this communicates that he had denounced him anyway, then the lock-up periods for unemployment benefits do not apply.
The spontaneity of the termination agreement must be proved to the Employment Agency
Even if a termination by the employer for the workers due to fear Direction professional or social disadvantages was not possible and now the termination agreement terminates the employment relationship, the employee has no closing time. Has a good reason to want to cancel his contract a worker, this also leads to the fact that he is not subject to lock-up periods, concerning the unemployment benefits. It is important to be able to demonstrate the employment agency and the need that the termination agreement was concluded involuntarily. Workers should inform in such cases, a contact at the employment agency at an early stage and by talking the reason for the termination agreement. Only then should you sign the contract.
A termination agreement should be signed as never easy
Workers, where a termination agreement is offered by the chef instead of a dismissal, even though they do not want to leave the company, should be careful. Through a termination agreement, the head of the protection against dismissal ransoms and the termination agreement might look on paper better, but can result in unemployment benefits in wrong formulations for vesting. A termination agreement should therefore always be checked carefully and are not signed up spontaneously or under pressure. Unlike a dismissal can not be challenged in retrospect namely because it requires the mutual agreement of the task.