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Severance Agreements In Germany

April 12, 2021 by gilsperling

Even if you are not a permanent employee of your employer, it is possible to be separated in the event of dismissal. If you are a temporary worker or an temporary worker, severance pay is possible if you worked more than 3 months in the rental company before being laid off by the tenant. In the termination contract, employers and workers should agree on appropriate severance pay. This is all the more important since an end-of-work contract can have a negative impact on a worker`s potential right to unemployment benefits. Although the worker is not entitled to severance pay, he or she can generally claim it. The parties must strive to strike the right balance in this area. It is important to note that a severance package does not contain information on social security. As a result, pension, sickness and care contributions are not deducted. Can I receive severance pay as a temporary or contract worker? If the employer does not comply with the social plan, the worker can apply to the labour court for severance pay. In the end, under Article 1 bis of the Law on Protection against Dismissal, a right to severance pay can be created under the following conditions: Our lawyers certified in labour law are here to help them! Our specialists: Dr. Thomas Bichat and Jens Schmidt have been working on all labour law issues for many years. During this period, they developed, negotiated and audited numerous work stoppage contracts. For experienced labour lawyers; Look no further than Schlun and Elseven lawyers.

Before termination is a written termination. This requires the delivery to the employee of a printed copy with a handwritten (wet) signature of the employer or its duly accredited representative. The legal notice period is four weeks and expires on the 15th or last day of a calendar month. The notice period for the employer is increased to one month, which expires at the end of a calendar month after two years of service and after five, eight, ten, twelve, fifteen and twenty years of service, up to a maximum of seven months at the end of a calendar month. Collective agreements may provide for longer or shorter notice periods and individual employment contracts for longer notice periods; However, the notice period cannot be longer for the employee than for the employer. Dismissal is only possible in agreement with the employee. However, such an agreement is generally not desirable for the worker, as it negatively affects social security benefits. On this page, we will look at legal risks if you do not receive advice on end-of-work contracts and we will consider how best to deal with such a situation. However, this page does not constitute technical legal advice. For a more personal and professional perspective, please contact our company directly via the contact form below.

These measures show that the prospect of severance pay in the event of protection against dismissal is good. You have the option to challenge the dismissal through an appeal to the labour court, but you must challenge it within three weeks of dismissal.

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