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 2Same 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.