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Offbeat: Termination by employer: In these cases, the employee is a severance pay to

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A job loss would be a herber set for almost every human being. Finally, financial obligations such as rent, insurance companies must meet. In some cases, dismissals are not even in debt by the employee. We explain when the employee is entitled to severance pay.

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A severance pay is a one-time, extraordinary payment that can be paid by the employer at the end of the employment relationship. It can make an enormous remedy, because you can make terminated workers for a certain amount of time and compensate for missing payments. Often reads and hears of rich, high five or even six-digit severance payments. But when can you claim for a compensation?

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Legal claim to severance payment

As a rule, there is no legal entitlement to a severance payment. But with that, the gate has not inevitably failed to severance payment. A single statutory regulation for severance pay is in §1a of the Protection Protection Act (KSchG). According to this, the employee is entitled to a severance payment if there is an operational termination of termination and the employer can pass the order period. Here, the employee must decide whether he accept the termination and take the severance payment or to fight for his workplace and would like to submit a lawsuit. Competitive prerequisite for the compensation claim is an operational termination. The employer should inform the employee in the declaration of termination of an operational termination that he receives a severance payment in case of dismissal protection law.

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Compensation after dismissal protection action

Such a dismissal protection claim can be submitted in any type of termination. However, the law regulates a severance payment only for operational termination and the associated suspension of the period.

The worker pursues the goal in principle with a dismissal protection claim to be reset. For example, if the court classifies the termination according to the dismissal protection law as socially unjustified. However, if the reimbursement for the employee is considered unreasonable, the payment of a severance pay can be ordered by verdict.

An unreasonableness may be available if, for example, in the course of the dismissal protection rights dispute, the relationship of trust was disappeared, the employer has set up honorable claims on the employee or by behavior or the possibility exists, the employee would not be treated properly upon return to operation.

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Compensation by individual regulations in the employment contract

Likewise, a look at the employment contract can be recommended for the right to a compensation. Maybe here is an individual regulation to a potential severance pay payment, which assures a severance payment to the employee under certain circumstances or conditions. In addition, social plans, collective agreements and managing director agreements can contain regulations for the severance payment.

Compensation by termination agreement

In practice, according to, the case of a termination contract occurs more frequently. Finally, the employer is aware that he can not terminate the employee groundless and this country enjoys a strict statutory protection against statutory protection against this. Therefore, he offers him the voluntary dissolution of the employment contract against the payment of a corresponding severance pay. Here, however, the employee must be careful, because this can be blocked by the unemployment benefit , which normally states to him.

If the employee is released due to a social plan or a change of employment, there is a compensation as compensation of the disadvantages resulting in it.

Philipp Beißwanger / Editorial

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