As a worker, you should be aware of the impact of the redundancy contract on future unemployment benefits. As it is often difficult to find a new job immediately, it is important not to block access to these benefits too quickly by signing a contract. Since there is in principle no legal right to redundancy payments in Germany, the worker can only claim reinstatement. The burden of proof of the validity of the dismissal lies with the employer and, in practice, it is often difficult to determine the social justification for the dismissal. If the dismissal is considered null and void, the employee returns to his position. In practice, most dismissal protection procedures are conducted against severance pay. Below we give a summary of the legal conditions for the dismissal of a worker under German law. Please note that this legal notice provides only a general overview; if dismissal is foreseen, individual legal advice is essential to avoid the risk of ineffective termination. Two weeks` notice must be given during the maximum trial period of six months. The contract can be terminated until the last day of the trial period. In this case, the employment relationship ends two weeks after the end of the trial period. Are there any special rules for collective redundancies or collective redundancies? When negotiating a stoppage-of-work contract, it is essential to know the specific requirements.
It is not advisable to sign the first agreement that awaits you. Instead, you should decide which aspects are valuable to you in such an agreement. Here are some general aspects that our labour law specialists will try to have in such an end-of-work contract. However, it is clear once again that individual situations require different solutions and priorities. What is essential in one agreement will not be in another, etc. It should also be noted that the contract of termination of employment must allow the termination of the employment relationship at the time that would apply in the event of ordinary dismissal. The notice period must therefore be respected. Finally, the amount of severance pay must not be significantly different from the legal requirements.
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