The statutory notice periods can be undermined with a termination agreement. But what advantages and disadvantages can result from this form of the termination of the contract?
If an employee receives a job offer from another company, which it absolutely wants to accept, but he is still bound to his current company, a termination agreement could be worthwhile. Here, together with the current employer, it is decided when the company can be left prematurely. Nevertheless, it is essential to find out exactly in advance so that such a decision will not be regulated afterwards.
What is a termination agreement?
According to the description of the legal counseling “Anwalt.de”, the termination agreement (also mentioned) is a voluntary agreement between the employer and employee for mutually acceptable termination of the employment relationship. In contrast to regular termination, the notice period does not have to be met. Likewise, the approval of both contracting parties must be available for the conclusion of a termination agreement.
It is important to distinguish between the termination agreement and the settlement contract. The latter does not end the employment relationship. Rather, the contracting parties want to regulate the consequences or modalities of the termination, according to “Anwalt.de”.
A termination agreement brings these advantages
Both contracting parties can benefit from a termination agreement, as the legal protection insurance provides “all rights”. For example, employees can end the existing employment relationship earlier in the event that a job change is due. In addition, specific contract content such as dealing with the remaining vacation or regulations regarding the issuance of a qualified certificate can be freely negotiated. In addition, employees can negotiate a higher severance payment, for example in the event that the employer wants to process the termination agreement as quickly as possible.
However, a termination agreement can also be considered on the employer side. If employers and employees agree on any termination agreement, the works council does not have to be heard. Likewise, the employer does not have to issue an official termination and therefore escapes a possible dismissal protection procedure. This also applies to employment relationships that are subject to a separate protection against dismissal, such as this is the case, for example, for pregnant women or employees on parental leave. If both contracting parties agree to the termination agreement, such criteria that offer special protection against dismissals no longer play a role, as “all right”.
You must observe this in the event of a termination agreement
In the event of a voluntary termination of the existing employment contract through a termination agreement, the protection against dismissal is no longer necessary, according to “all rights”. In addition, it is possible that the employee’s claim is eliminated to a possibly unemployment benefit by paying a severance payment for a certain time, as this is offset. There is also the possibility that the employment agency will refuse support for an additional time in the event of a voluntary termination of the employment relationship, since unemployment has been brought about. According to “all rights”, however, this can be prevented if the employee can convey credibly that the consent of the termination agreement has been given for a company -related termination or the like. Likewise, “all rights” warn that a signed termination agreement can only be undone. There is no legal right of withdrawal here.
“Anwalt.de” advises employees that they should not be intimidated by the employer when offering an amendment contract and asking them to think about it. Especially since employers, according to “Anwalt.de”, in many cases in the cancellation contracts. Employees should only sign a termination agreement if they have been informed and advised by a specialist lawyer for labor law about the consequences of the signature, according to “Anwalt.de”. Because a termination agreement can have consequences beyond the termination of the employment relationship, such as a blocking period by the employment agency of three months.
Editor finance.net