After a dismissal

The condition for receiving unemployment benefits is that the unemployed person has been employed for at least 12 months in the last two years before becoming unemployed, subject to compulsory insurance.

Important!

You must have worked 12 months in the last two years.

How long one gets unemployment benefits depends on the duration of the last employment as well as on the age. The following graduation applies:

Employment and from Entitlement for
from 12 mon. 6 Mon.
from 16 Mon. 8 Mon.
from 20 Mon. 10 Mon.
from 24 months. 12 Mon.
from 30 mon. 50 years 15 Mon.
from 36 Mon. 55 years 18 Mon.
from 48 months. 58 years 24 Mon.

The unemployed person receives an unemployment benefit equal to 60 percent of his or her average net salary in the year preceding the termination of employment. If he or his spouse is dependent on at least one child, the unemployment benefit increases to 67. When calculating the net remuneration, the part of the income above the contribution assessment ceiling is not taken into account.

Extension chart

Report to the employment office

Employees are obliged to register personally with the employment agency as jobseekers at least three months before their employment relationship is terminated. If the notice period is shorter than 3 months, the notification must be made within three days.

Anyone who does not comply with this deadline is threatened with a one-week suspension of unemployment benefits. Then the person concerned does not receive unemployment benefit and its duration is reduced by this week. The week is therefore not "added on at the end".

If you are eligible to receive unemployment benefits for 12 months and on 31. If you become unemployed on May 1, you will normally receive unemployment benefits from May 1. June until 31. May of the following year. In the case of a one-week blocking period, it is paid from the 1. up to 7. June not paid. You will therefore receive unemployment benefits for the first time on 8. June unemployment benefit and also only up to 31. May of the following year.

Our tip:

You must act quickly after becoming ill.

If you are sick when you receive your notice of termination, you must report for work no later than the first day on which you are healthy again.

Our Tip:

To avoid a freeze on unemployment benefits, file a lawsuit against a termination for behavioral reasons.

A blocking period is always set, if the unemployed person has caused his unemployment by a behavior contrary to the contract at least grossly negligently. This is regularly the case in the event of dismissal on grounds of conduct. However, such a blocking period is also imposed if the person concerned has contributed to the termination of his employment relationship without good cause, for example by concluding a termination agreement.

Avoid a blocking period for unemployment benefits

Blocking period

After a termination for behavioral reasons, the employment office will regularly set a blocking period of 12 weeks, regardless of whether the notice was given in compliance with the notice period or without notice. At the same time, the period for which you receive unemployment benefits will be reduced by at least one quarter. D. h. The employee receives his unemployment benefit instead of, for example, a salary. for 24 months only for a total of 18 months. Unemployment benefits are paid for the first time after 12 weeks.

Our tip:

Sue to avoid a blocking of unemployment benefits against a behavior-related dismissal.

A blocking period is always set if the unemployed person has caused his or her unemployment at least through gross negligence due to behavior in breach of contract. This is regularly the case in the event of termination for reasons of conduct. However, such a blocking period is also set if the person concerned has contributed to the termination of his employment relationship without good cause, for example by concluding a termination agreement.

The person concerned therefore usually has no choice but to file an action for protection against unfair dismissal, even if it has only limited prospects of success. Even if an action for protection against dismissal has little chance of success for once, a skilled specialist attorney for labor law will still succeed in most cases, if necessary, in obtaining the dismissal. even with the support of the court, to come to a settlement that spares you a blocking period for unemployment benefits. Because most employers are aware of the problem of a possible blocking period for the employee concerned, they often agree to such settlements in labor court proceedings if the pressure is on.

Our tip:

At least make sure that you are clear about the reason for the dismissal.

Avoid a lockout period

In most cases, it is not clear from a letter of termination whether the termination is due to misconduct on the part of the dismissed employee or for operational reasons. If you do not want to file an action for protection against unfair dismissal, you should at least first ask your employer why he has terminated your employment. Only if the employer declares to you, preferably in writing, that he has given notice for operational reasons, can you be reasonably sure that he will also state this in the certificate of employment for the employment office. Nevertheless, there are still risks, so you should seek advice from an experienced attorney for employment law before you get involved in something like this.

If, on the other hand, your employer does not confirm that he has given notice for operational reasons, you must assume that he will state in the certificate of employment for the employment office that he has given notice because of your misconduct. In these cases, you have practically no choice but to call in an experienced attorney for employment law and file a lawsuit against the termination, because otherwise you will have to reckon with a blocking period of at least 12 weeks for unemployment benefits.

Important!

The dismissal protection lawsuit

Usually the process ends with a severance payment.

Observe the time limit for filing an action

If you have received notice of termination, you must file an action for protection against dismissal within three weeks, otherwise the termination is already effective by operation of law. Something else applies only in a few exceptional cases. For example., If the notice was not given in writing, i.e. if you did not receive a letter with an original signature. This applies above all to terminations by fax, e-mail or SMS.

If you miss the deadline for filing an action, the labor court will only allow your action to be filed retroactively under very narrow conditions. You should by no means let it come to that.

Our tip:

If it is no longer possible at all, you should file a dissolution petition.

Application for termination

Exceptionally, an employee may be able to start a new job due to a dispute with his or her employer – if applicable. also in the dismissal protection process – not be reasonable to work there again. Then, in the dismissal protection proceedings, the person concerned can request that the court terminate the employment relationship against payment of a severance package in the event that he wins. If the employer loses, the labor court dissolves the employment relationship in its judgment. At the same time, it sets an appropriate severance payment, which the employer must pay. The employment relationship then usually ends with the expiry of the notice period.

Winning the case

If you win the lawsuit, the labor court will state in its ruling that the employment relationship was not terminated by the dismissal. With a legally binding judgment, you "only" get your job back. You cannot achieve more or anything else with a dismissal protection lawsuit. In particular, the labor court will not order your employer to pay severance pay because of his invalid notice of termination. If you have won legally, you therefore usually return to your job.

New job

If you have a new job and win the dismissal protection lawsuit without the labor court dissolving the employment relationship, you can choose whether you want to go back to your old employer or – as often happens then – not. If you no longer want to, you can refuse to continue the employment relationship with your old employer. This must be done in writing within one week after the judgment has become final. After that you are free, but you also do not get any severance pay.

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