Hi GCs,
I have few questions regarding Unemployment benefits-

1.If any employee resigns will he get Unemployment benefit.

2.Can a employer lawfully stop Unemployment benefit.If so what can an eployee do in that case....report to employment office or....?

3. What is the duration of unemployment benefit for a GC in grankfurt.Is it limited to 6 month or more.

Thanks in advance
AP

1. "If any employee resigns will he get Unemployment benefit", AFAIK, no.

2. "Can a employer lawfully stop Unemployment benefit.If so what can an eployee do in that case....report to employment office or....?", AFAIK, no.

3. "What is the duration of unemployment benefit for a GC in Frankfurt.Is it limited to 6 month or more.", the unemployment benefit is not related to where you live but for how ylong you've been work. Just a simple view:
- less than 12 months: no unemployment benefit
- from 12 to 24 months: 6 months unemployment benefit
- more than 24 months: 12 months unemployment benefit

Some1 can correct me if I said sth wrong.

D.

The best person to be asked these questions would be your employment office. But unfortunately with my past experience no one there too would be aware of complete law. In my case to 'change my visa status', when every time I telephoned, I got a different answer.

According to my knowledge :
1.If any employee resigns will he get Unemployment benefit.

- If you are on the green card then yes. But duration of beneift depands on how long u have paid the taxes.

2.Can a employer lawfully stop Unemployment benefit.If so what can an eployee do in that case....report to employment office or....?
- You get the benefit from the Unemployment-Office so ur employer cannot influence it. But in case ur talking about the salary which u get during ur notice period then better read that clause in ur contract. It would be illegal not to pay anything during that time but if the notice period itself is very short then he will pay u for that short time.

3. What is the duration of unemployment benefit for a GC in grankfurt.Is it limited to 6 month or more.
- This law does not depands on place or city. As far as I know it should depand on how long u have paid the taxes and what kind of visa do u have.
e.g If green-card and u have paid taxes for 2-3 years then u should get benefit upto one year.
If u have a normal work permit then either u will get no benefit or may up to max 3 months.

But still as I said ur lawer or employment officer would be the best person to be asked.

"- from 12 to 24 months: 6 months unemployment benefit
- more than 24 months: 12 months unemployment benefit"

not exactly.

from 12 to 15 months: 6 months unemployment benefit;
from 16 to 19 months: 8 months unemployment benefit;
from 20 to 23 months: 10 months unemployment benefit;

you are not 55 years old or older, are you? then

more than 24 months: 12 months unemployment benefit.

moreover, if you already had a right on unemployment benefit and received it during last 4 years, remaining quantity of months (during which you still had a right for unemployment benefit but did not used it due to a new work) from last case of unemployment is added up to current time period, up to (you are not 55 or older?) 12 months maximum.


and there is one more hidden thing here: month is calculated as 30 days, therefore it will not be full x months but less, because some months have 31 days in them *lol*

on other questions i answered in another topic. lol man you created three of them, in such a short time!

Am kiran from india.Six months ago my company hired me from india on a green card & threw me out just 15 days before the 6 month probation period ended,saying my skillset did not fit their requirements.
Right now am under the one month notice period given by my former employers.
But i have found a new job now & have signed up a contract with my new employers.My new employers are transferring the green card in their name(still únder the process)
But i would like to return to india as i have to start the job only in the mext month & am jobless now.
will i be able to leave grmany & come back again with the current status?
Should i inform the arbitsamt about my current status?
please advise me as to what actions should i take?

I am in the same situation as quoted above...

Also will i be eligible for any unemployment benefits? I have only been working for the past 6 months!

Please advice!

Thanks

The kind of termination at your employer is important when you can get unenmployment benefit.
You get it right after unemployment starts, in the first 3 months of unemployment:

If the company fires you with his own decision (Kündigung)

• betriebsbedingt (because of financial/business reasons): yes
• personenbedingt (because of personality issues - you have a very bad illness, that you cannot work properly): Yes
• verhaltenbedingt (because of your behaviour, which could have been improved): No

If you leave the company with your own decision: No

If you and your employeer agree to terminate your contract (Aufhebungsvertrag)

• the height of the Abfindung (compensation) shall not exceed too much 50% of your last brutto salary
• the termination of the contract shall be compliant to the work law of Germany, based on your employment period
• the reason why the contract is terminated shall be financial/business reasons and company shall mention in this agreement that you will be fired because of this.

If 3 of the items above are fulfilled: Yes
IF not: No

You have right to get unemployment benefit if you have paid at least 1 year of Arbeitsloseversicherung (unemployment insurance) to the state in the last 2 years. If not, No.

Example 1
An engineer has come to Germany in January 2010. He worked until May 2015 when company decided to fire him because of his performance is not enough ->  Verhaltensbedingte Kündigung. He has worked in the company for 2015-2010=5 years 5 months so through his employment his salary has paid more than 1 year long unemployment insurance, so he is eligible to get unemployment benefit. However he was fired because of verhaltensbedingte Kündigung so first 3 months not.

Example 2
Same example but employeer and employee agreed to terminate the contract (Aufhebungsvertrag). The salary of the enginer was 4000 Euro brutto. He has worked 5,5 years. The company offers him a compensation of 30000 Euro and he has to leave in 1 month.

He cannot get unemployment benefit in the first 3 months because the compensation is higher than the one in work law and termination period is not fulfilled.

@klenze17,

thank you very much for the help, really appreciate it!