Severance Agreements In Germany
Simple disagreements are a normal part of everyday work life, but if you witness a conflict that affects your ability to work effectively (for example. B discrimination, harassment or inappropriate behaviour), it is important to get advice. When it comes to employment contracts, there are risks for employees. Some agreements that at first glance seem appropriate may contain aspects and clauses that make them less valuable than they initially appear. The first offer, when it comes to such a contract of stoppage of work, absolutely cannot meet the requirements of the individual. This is particularly the case when the party concerned is not advised (or informed) on German labour law. It is therefore advisable not to simply agree to sign such a document off, but to approach the matter calmly and, as far as possible, consult external experts. Our firm has offices in Aachen, Cologne and Düsseldorf as well as meeting rooms in Berlin, Frankfurt, Hamburg, Stuttgart and Munich and assists you with legal advice. If you would like to contact our labour law team for advice on issues relating to severance pay, dismissals, notice periods and/or other labour law matters, please use the form below. Our team looks forward to working with you. You cannot receive severance pay only in the event of dismissal. If your employer terminates the employment relationship under the current conditions, while offering you the opportunity to work in modified working conditions, for example.B. with a reduction in working time.
Since the new terms and conditions of employment are usually negative for you, severance pay is possible. The statutory right to severance pay exists only in special cases. An employer who has resigned for urgent needs of the company may offer severance pay to the worker, provided that the worker cannot bring an action within the statutory limitation period of three weeks. After the expiry of the notice period, the worker is entitled to a severance pay equal to half of the monthly remuneration per year of seniority. However, such an offer is generally not recommended to the employer. Another case may arise in the context of labour justice proceedings. If the dismissal is ineffective but the worker cannot be reasonable to continue the employment relationship, he may apply to the Labour Court, in return for payment of severance pay, for the termination of the employment relationship. The employer may make such a request if there are facts which do not permit the view that maintaining employment is beneficial for the purposes of the employer`s business.
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