Termination

Was the Termination given in Writing or Verbally?

A verbal termination is generally invalid! Offer your willingness to work in writing and, if possible, in the presence of witnesses. Written terminations must meet specific formal requirements. Have the termination legally reviewed and keep the envelope with the postmark as proof.

Termination during Illness?

Termination during illness is possible in Germany. If your employment ends while you are on sick leave, you can apply for sickness benefits from your health insurance provider. Once you recover, you must register with the employment agency.
Always send your sick notes completely and immediately to your health insurance provider! If you plan to leave Germany, inform your health insurance provider in advance, or you may lose your entitlement to sickness benefits and health insurance. Pregnant women have special protection against dismissal, even during the probation period.

Do I Have to Sign the Notice of Termination?

You do not have to sign a termination issued by your employer, as it is a unilateral declaration of intent. The crucial point is that you have received the termination. It is considered delivered once it is in your mailbox.
Employers often present a termination agreement (severance agreement) for you to sign. Such an agreement states that both parties agree to end the employment relationship. Signing may result in losing certain entitlements. Only sign if you fully agree with the termination.

What Can I Do To Prevent a Dismissal?

If you have been working for more than six months in a company with more than 10 employees (full-time), you are subject to the Protection against Dismissal Act. Your employer then needs a special reason to dismiss you. If you have doubts that such a reason exists, you can take legal action. The court will then determine whether your employment relationship has been terminated. You can then negotiate a severance payment with the employer.

If you have been dismissed, contact the trade union, a lawyer or a counselling centre immediately.

What Happens Next?

Have you been given notice of termination and want to stay in Germany? Then register immediately (within 3 days) with the Employment Agency as unemployed to ensure your entitlement to unemployment benefits. If you register too late, you run the risk of being blocked.

If you have been employed subject to social insurance contributions for at least 12 months in the last 30 months, you are entitled to unemployment benefit I. Otherwise you can apply for unemployment benefit II, the so-called citizen's allowance, at the job centre. 
Important: If you receive unemployment benefit, you are still covered by health insurance!

Make sure that you receive your last salary after termination of employment on the normal payment date (e.g. 15th of the following month). It often happens that employers do not pay this salary or do not pay it in full. Contact an advice centre if your employer does not pay!

Am I Still Insured?

If your employment relationship is terminated, you are covered by health insurance for one month. Your health insurance is also secured:

• if you find new employment,
• if you receive unemployment benefit or
• if you can be insured through your partner.

If this is not the case, you must take out 'voluntary' insurance and pay the premium yourself. If you leave Germany, you should deregister your place of residence and inform the health insurance fund - otherwise the health insurance fund may continue to claim contributions.

What Am I Entitled to From My Employer?

When your employment ends, you are entitled to a certificate of employment and leaving papers (deregistration from social security and printout of the electronic wage tax certificate). Check whether the employer has settled any outstanding claims such as unused holiday or plus hours in the working time account. If you have any problems, contact the trade union or a counselling centre.

I would like to Resign 

If you terminate your employment contract incorrectly, you may receive a contractual penalty from your employer. This must be stipulated in the employment contract and may not exceed one month's salary. You may not receive your last salary or only receive part of it.

To avoid this:

• Always give notice in writing, even if you do not have a written employment contract!
• Pay attention to the notice periods. Important: The date of receipt counts.

• Allow sufficient time for delivery by post (as registered mail) or 'instruct' someone else to deliver the notice to the employer! If in doubt, ask a counselling centre for help.

   

We recommend: Become a trade union member from your first day of work in Germany ! Contact your local trade union. If in doubt, ask an advice centre for help. If you are a trade union member in your home country, ask your relevant German trade union whether your membership is recognised.