How to bypass the embargo

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From: Andrea Stettner

In many cases, those who sign a termination agreement do not receive any unemployment benefit – and that for several weeks. We show you what to look out for.

A Cancellation Agreement * represents an alternative to termination and can be advantageous for both parties. Long notice periods are avoided and employees are often offered a generous severance payment. But the termination agreement also has disadvantages, such as a possible one Embargo period for unemployment benefits.

Do I get unemployment benefits if I have a termination agreement?

First things first: Anyone who signs a termination agreement is generally entitled to unemployment benefit (ALG 1 or 2). Employees must report to the employment office as looking for work at least three months before the end of their employment relationship (in accordance with Section 38 (1) of the Social Security Code [SGB] III). In the case of a termination agreement offered at short notice, it is sufficient to leave the office within three days of the conclusion of the contract to inform.

A termination agreement can result in a ban on unemployment benefit (ALG 1). © epd / Imago

How long is the blocking period for a termination agreement?

However, when workers sign a termination agreement, they must be signed with a Expect a blocking period for unemployment benefits of up to twelve weeks. This applies in particular if the employment contract has been canceled for no important and verifiable reason – because then unemployment (as in the case of self-resignation) is considered self-inflicted, informs the portal

You will not receive any payments from the Employment Agency during the embargo period. This can put a strain on your financial situation, especially if you do not yet have a job in prospect. Therefore, you have to carefully weigh the advantages and disadvantages of the termination agreement.

Also read: Quit without a new job? Before you go, there are two important questions you should ask yourself.

Can the embargo period be shortened?

The blocking period for unemployment benefits can be twelve weeks shortened to six weeks will be informed “if the usual duration would mean particular hardship for you” A reduction is also possible if you assumed when you signed the contract that you would not receive a blocking period because you received information from the Employment Agency.

Can I bypass the blocking period for ALG 1?

A termination agreement can also be concluded with ALG 1 or 2 without a blocking period. No suspension threatens if the termination agreement closed for an important and demonstrable reason was announced by the Hallermann law firm on their blog. This is about the case when

  • waiting for a termination would not have been reasonable for the employee (e.g. in the event of harassment or bullying) or
  • the employee is threatened with an operational or personal termination (e.g. due to a long illness) and the termination agreement is intended to anticipate this.

But employees can also be loud for other important reasons bypassing a lock on unemployment benefits. Who proves a new job in prospect to have demonstrably through the work assignments Overwhelmed is or through the termination agreement the Taking care of his child may not have to forego unemployment benefits. In order to be absolutely sure that a blocking period is excluded, employees should definitely seek legal advice before signing a termination agreement. By the way, in the event of a termination, employers may have to pay a severance payment. When this is the case, read here. (as)* is an offer from IPPEN.MEDIA.

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