A redundancy contract may result in a period of prohibition on unemployment benefits (Article 159, paragraph 1, paragraph 1, gbS III). Indeed, the employment agency regularly claims that you were able to cancel the contract and create the cause of your own unemployment. You must also face this charge when the initiative of the termination contract came from the employer. A prohibition period of up to 12 weeks may be imposed for unemployment benefits. End-of-work agreements can arise at a time when employers face business challenges when it comes to keeping their business in business. It may seem that such an agreement may be beneficial to both parties, but sometimes appearances can be misleading. Employers may try to discuss with employees the possibility of a redundancy agreement at a private meeting, but the employee should be careful. Cooperation with a certified labour law specialist will ensure that such an agreement is thoroughly analysed. Signing such a document without scrutiny is a very risky undertaking and can lead to future problems for the employee. Contrary to a widely held assumption in Germany, workers are not entitled to severance pay if their employment relationship is terminated. However, there are exceptions for which workers can claim such severance pay.
The compensation schemes that justify these rights are found in social compensation plans, collective agreements, management contracts and even employment contracts. In addition, parties to an employment contract may voluntarily enter into a contractual agreement to pay severance pay in the event of termination of employment under a breach or transaction contract. Severance pay is paid at the end of the employment in the following cases: 1) the employment contract provides for severance pay (which is very unusual); 2) the parties agree to severance pay (inside or outside) to settle a termination dispute; 3) the court terminates employment for severance pay if it finds that, despite the disability of the dismissal, the continuation of employment would be unacceptable to the employer or the worker; or 4) a social plan concluded with the Works Council in the context of a collective dismissal provides for severance pay. On 2 August 1945, the Potsdam Agreement, proclaimed at the end of the Potsdam Conference, agreed, among other things, on the initial conditions under which the World War II Allies were to rule Germany. A temporary German-Polish border, known as the Oder-Neisse line, has in theory attributed most of the German provinces in eastern Germany to Poland and the Soviet Union as part of this “temporary border”. The German population in these areas has been displaced or killed. These agreements were provisional and the agreement provided that the situation would be concluded by “a peace settlement for Germany accepted by the German government if an appropriate government is formed” (Potsdam Agreement 1.3.1). Parts of these agreements mentioned above have been riddled with controversy from several sources, z.B. Churchill`s comment on “the Polish goose too full” (by German countries). The “German question” has become one of the most important and crucial issues of the long-running Cold War, and until the late 1980s there had been little progress in forming a single German government, appropriate to the agreement on a final settlement. This meant that Germany, in some respects (to a large extent, but not only technically), was not taking over full national sovereignty. :42-43 In the event of a serious breach of the employment contract, the employer may terminate the employment with immediate effect.