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Unemployment benefit suspension period

What to watch out for when terminating a contract

from
Marius Saager
Lawyer
Specialist in labor law

Give me a call: 0261 - 404 99 794
E-Mail:

In our new legal advice video, specialist lawyer Marius Saager explains what a blocking period of one year means for unemployment benefits and when it is imposed. Employees who resign from their jobs or become unemployed as a result of a termination agreement should inform themselves in good time to avoid financial losses.

What is a blocking period?

A waiting period means that the entitlement to unemployment benefit is suspended for a certain period of time. During this phase, the employee receives no benefits. A waiting period of up to 12 weeks can occur if the employee has contributed to the termination of the employment relationship through their own actions – for example, by resigning or concluding a severance agreement.

When will a blocking period be imposed?

There are three main situations that can trigger a blocking period:

• The employee resigns – unless important reasons, such as health problems or bullying, make it unreasonable to continue the employment relationship.
• Termination agreement – here too, a blocking period can be imposed, unless the employer is threatening to terminate the contract for operational or personal reasons and the contractual conditions meet the legal requirements.
• Termination for misconduct by the employer – a blocking period is usually imposed for such terminations.
  What

What can you do to avoid a waiting period?

In many cases, employees can avoid a waiting period by terminating the employment relationship in a legally correct manner. A court settlement after a dismissal or a carefully drafted termination agreement can help to avoid disadvantages. In certain cases, it is advisable to agree on a paid leave of absence so that a imposed blocking period runs parallel to the leave of absence.

Our tip: Seek legal advice at an early stage to best protect your claims and avoid financial disadvantages.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.