Anyone who is made redundant by their employer is often entitled to a severance payment. Is there a right to severance pay if you terminate your employment yourself? Lawyer Christian Lange from Hanover answers this question, which is asked again and again.
The working atmosphere deteriorates
The working atmosphere deteriorates, the boss screams and is dissatisfied with the work that you do as an employee. Most employees then consider terminating their employment. Can a severance payment also be obtained in the event of self-resignation?
Only very rarely are you entitled to a severance payment if you resign
“Anyone who wants to obtain a severance payment in the event of self-resignation will be disappointed,” emphasizes lawyer Christian Lange from Arbeiter.Support. Because “a severance payment is obtained as part of an action for protection against unfair dismissal if the employer quits and does not comply with the law on protection against unfair dismissal,” says Lange.
Better to hang in there and get fired
The lawyer therefore advises not to resign yourself, especially if the employer expresses dissatisfaction. Then it’s time to stay tuned and stay in the employment relationship in order to obtain a severance payment, the lawyer advises.
Either the employer gives notice and those affected can then obtain a severance payment as part of an action for protection against unfair dismissal, or an agreement is reached with the employer and a termination agreement is concluded with a corresponding compensation payment.
Termination agreement only if no termination has taken place
“However, a termination agreement is only possible if the employment relationship exists and has not already been terminated by the employee,” warns Lange.
With a notice of termination, the employment relationship ends automatically. A severance payment is no longer necessary if the employment contract has already been terminated. “So if you quit yourself, you destroy all possibilities for severance pay!”
Severance pay with a shortened notice period
A severance payment can only be obtained in rare cases, for example if the employer wants to shorten a longer period of notice. The employer and employee can then agree on termination without notice or a significantly shorter notice period in return for a compensation payment.
However, in such cases, rather small sums are paid. Therefore, the best strategy is to have your employer fire you. After that, a severance payment can be obtained together with a lawyer specializing in labor law if the protection against dismissal takes effect. More on that here.
Unemployment ban and Hartz IV cuts after resignation
Also important: The employment agency will issue a blocking period for unemployment benefits of up to 12 weeks if the employment relationship has been terminated. This can also happen if a termination agreement has been concluded with the former employer. That means a quarter less unemployment benefit.
The same applies to Hartz IV. A reduction in unemployment benefit II entitlement of 30 percent is imposed by the job center for 3 months. Incidentally, this also applies if the employee resigns during the probationary period.
If you want to have a possible severance payment entitlement calculated, you can use the free calculator at “Employee.Support”. Specialized lawyers also provide initial information free of charge.