Suspension of the right to unemployment benefits

What does "suspension of unemployment benefit entitlement" mean?

If an unemployed person is entitled to unemployment benefits but cannot claim them for a while, this is known as suspension of entitlement to unemployment benefits. The total duration of the claim remains. It is only postponed in time. This leads to a liquidity gap.

Suspension of the right to unemployment benefits

Picture credits: suze / photocase.de

In the SGB III, which regulates the promotion of employment and thus also unemployment benefit I, there are numerous regulations on the suspension of the entitlement to unemployment benefit. They can be found in §§ 156-160 SGB III.

Suspension with other social benefits

§ Section 156 of the Social Code III regulates the suspension in cases when the unemployed person receives other social benefits. Thus, z. B. This means vocational training allowance, sickness benefit or a full pension for reduced earning capacity.

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Quiet at the same time

In § 157 SGB III is a much more common case group regulated. The resting at vacation compensation and the so-called Nonetheless granted from unemployment benefits. This occurs when the employer and employee dispute the validity of a termination and it subsequently turns out that the termination is invalid. But the employer has not paid a salary all this time, because he assumed that the employment relationship is terminated. Now the employee has to live on something during the period of uncertainty. For this purpose, there is the so-called granting of equal benefits. If it then turns out that the employee would have been entitled to compensation, then the compensation claim in the amount of the unemployment benefit paid is transferred to the Employment Agency and they collect the amount directly from the employer. Tip for employers: If you reach a court settlement with an employee and the employee has already received unemployment benefits, please check whether the Employment Agency has claims for payment of unemployment benefits against you as the employer. Normally, you should have received a letter from the Employment Agency stating that your employee has been granted unemployment benefits and that you are not allowed to pay any compensation to him or her until you are told by the Employment Agency how much you have to pay to the Employment Agency. In order not to pay twice, an exact examination is therefore necessary.

Suspension in the case of severance pay

The "suspension in case of dismissal compensation" often leads to the FALSE assumption that a severance payment is counted towards unemployment benefits. This is not correct. Only in the case that the notice period has not been observed, the severance pay will be offset against the unemployment benefits. In addition in § 158 SGB III also the imputation formula is mentioned. The whole thing is only interesting if the employee is not unemployed for the entire possible time after the suspension period but finds a job sooner. Without suspension, he would then have received unemployment benefits for longer. § 158 SGB III is to be considered in particular if an employment relationship is to be terminated that may not be terminated for an indefinite or limited period of time. For these cases § 158 SGB III regulates the notice period to be observed.

Suspension in the event of a strike

Finally, the granting of unemployment benefits is prohibited during labor disputes. This is regulated by § 160 SGB III.

Quiet during curfew

Also a blocking period leads to the suspension of the requirement on unemployment pay and in addition still to the shortening of the requirement duration. In contrast to the mere suspension of the claim, the payment is not merely postponed. The entitlement "shrinks" as well. There are different blocking period facts. The two most important are the suspension period in case of quitting work (12 weeks) and the one in case of late notification of unemployment. The blocking periods are din § 159 SGB III regulated. Worth reading are the implementation instructions of the Employment Agency. They are easy to find on the Internet and available as a pdf file.

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