Do you have to register as unemployed with a termination agreement?
Even if an employee concludes a termination agreement with his employer, he must register with the employment agency as looking for a job and as unemployed. It is important to keep certain deadlines in mind.
Anyone who knows that they will soon be unemployed should contact the employment agency at an early stage. If you lose your job due to a termination agreement, you usually have to expect a blocking period for unemployment benefits - there are, however, exceptions to this.
Register as jobseeker and unemployed in good time
- Anyone who concludes a termination agreement with their employer usually knows a few months in advance when their last working day will be.
- According to Section 38 subs. 1 SGB III, everyone whose employment relationship ends is obliged to sign up at least three months before the last working day or to report as jobseeker to the employment agency on the last day of the employment relationship.
- In principle, this report should be made personally, but it is also sufficient to meet the deadline, to call the employment agency and then make up for the personal report by making an appointment. One Job seeker notification can also be done online.
- Anyone who concluded the termination agreement less than three months before the end of the employment relationship must report to the employment agency within three days of the conclusion of the contract, see. Section 38 subs. 1 sentence 2 SGB III.
- If, on the other hand, you do not report in time, you will have to accept a one-week blocking period for unemployment benefits, see below. § 159 para. 1 sentence 2 no. 6 in conjunction with V.m. Section. 6 SGB III.
- You must register as unemployed on the first day at the latest, even if you have a termination agreement unemployment - and usually personally (the only exception is the so-called. Seamlessness regulation according to § 145 SGB III). You can make this notification three months before the end of employment at the earliest.
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As an exception, no blocking period has to be imposed
- Anyone who terminates their employment relationship by means of a termination agreement must expect a blocking period. Because the consent to the end of the employment relationship is usually considered uninsurable behavior in accordance with. § 159 para. 1 SGB III.
- In this case, only those who had an important reason for their behavior can avoid a blocking period.
- In certain cases, an important one can also be used to conclude a termination agreement reason be accepted, s. the business instructions of the employment agency on § 159 SGB III under item 9.1.2 (as of 2012).
Even those who conclude a termination agreement must observe important deadlines for registering as jobseekers and unemployed.
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