Hi All,

I am working as a QA Engineer in Germany, because of recission i am going to loose my job but with mutual agreement, i agreed for the company must pay 4 months salary after i left...i am going to leave the company by next month ending, my questions are as fallows.

1) Cani get arbeitslos geld after completing the four months?

2) i am planing to go india in Aug and will comeback in September 1st week...is it ok?

3) when i have to apply for Arbeitslos geld? i heard once i applied i can not go to other country, if i do, then i wont get Arbeitslos geld..is it true?

4) i would like to go india in Aug and will come in Sep...after that i would like to apply for Arbeitslos geld is it ok?

guys please help me out...Thanks and Regards.

Hello Tenali,

Based on my knowledge that I have gathered from this forum itself (please check out related threads for details), I guess if you are leaving your job based on a mutual agreement, then you are not entitled for any Arbeitslosgeld.

It applies only when your employer fires you. Maybe others can correct me if I am wrong.

Cheers.

The question if sanctions are to be imposed by the AA (Arbeitsagentur/employment agency) in case of a mutual agreement to dissolve the contract has been of much controversy in recent time. The idea is that unemployment benefits and resources are primarily meant for those employees who lost their job without their fault and active participation. In order to discourage active participation in one’s job loss the law provides for sanctions such as a blocking period (Sperrzeit) and a curtailed period to claim those benefits (Anspruchsdauerverkürzung).

The question of how to treat someone who has entered into such an agreement has become all the more important to answer after the lawmaker lately introduced a new provision in the Dismissal Protection Act that encouraged or at least countenanced mutual agreements along the following specifics:

(i) the employer cites in his offer a reason for the dissolution“operational reasons” (betriebsbedingte Gründe)
(ii) the compensation offer is half of a monthly’s salary for each year of the employment
(iii) the employer declares that the employee will be eligible for this compensation after he let pass the period in which the termination can be challenged (http://www.trust7.com/en/foren/visa_questions/layoff_-_two_basics)


It would thus be contradictory to, on the one hand, introduce a law that expressly lays the way for mutual agreements and on the other hand impose negative consequences once the employee (and employer) made use of such an agreement.

The AA therefore has presently declared not to impose sanctions if two factors are given:


(i) the to be paid compensation is between 0,25 and 0,5 of a monthly’s salary for each year of the employment
(ii) the employer would otherwise have terminated due to “operational reasons” (betriebsbedingte Gründe)
(iii) the employment ends at the same date as it would have ended in case of termination observant of the termination period
(iv) the employee did not have the status of an employee that was not subject to proper termination

If the compensation is below or above this figure the blocking (Sperrzeit) and a curtailed period to claim the benefits (Verkürzung) will take effect unless there would have been an evidently valid termination by the employer.

Rechtsanwalt_Jain(at)yahoo.de

If somebody's fired and corresponding compensations in terms of salary (Abfindungen) are to be paid at the moment of leaving as a one-time payment they do not influence the starting time of ALG I, it's counted starting from the first day u r fired assuming u acted timely in your correspondence with Arbeitsamt. You need to check your agreement, if you are already not with the company, but your leaving payments are distributed through 4 months time, then, obviously, you can't get ALG I during those 4 months. After 4 months it will depend on how it was written in your Kündigung. If it still says you were fired, you will be paid ALG I starting from this moment, I assume those 4 months will not be included in your working time to calculate the duration of ALG I payments. If it says you left on your own, you may lose 3 months of ALG I, you have to check your situation with Arbeitsamt.
I would suggest you register at Arbeitsamt ASAP since you already know that you are leaving, in this case it is crucial to act promptly to avoid unnecessary difficulties.
Regarding being outside the country and losing right for ALG I because of that - I don't think it's true but I have no proof. Anyway, check with Arbeitsamt, if they tell you to come back after 4 months then u r safe to go, if you start with initial process right away you will probably finish it before August (including interview with your Berater) and for some time Arbeitsamt won't be worried about you.

Thanks mkorobeinik1.

you are correct, but the reason behind my firing did not writen in Kundigung contract, but i asked them to write the reason. i did not get any reply from HR so far..i will update once i got reply from HR...Thanks to all who participated in this thread to help me out.