Hi all,

My husband just got fired from his job and he received this paper basically saying he will receive a severance package if he doesn’t contest it. At least that’s what we read.

What we don’t get is the formula.

So it’s basically
Monthly gross x 0,5 x 2 years working

Does this mean for each month? I attached the section where it says that.

We’re just trying to debate if we fight it or not 😂😅 Because the reasoning didn’t seem right. Any help would be appreciated.

by Background-Virus8652

3 comments

  1. What you are looking at here is not exactly a severage package in the classical sense, but one of the cases in which the company he worked for tries to create a situation of mutually agreed severance of work contract. This is a s called Auflösungsvertrag – a contract that dissolves the current working contract in mutual agreement – and it is commonly not suggested to just sign these without carefully checking the overall situation.

    For one, the compensation offered here is hilariously low. They will give you half a monthly gross salary for each year he worked for the company. If he worked there for 2 years, he will only receive one full salary in compensation – not more. And frankly that’s not much. Especially, since should you already work here long enough to qualify for unemployment, signing such a severance can block you from being able to receive unemployment payments for up to 3 months, sometimes even longer. So just one salary in compensation, while risking to not get unemployment for by far longer than you can probably bridge with just one salary of bonus probably is not the best deal.

    Signing this paperwork also means your husband agrees to the reasons for termination, and employers often use this in situations in which they otherwise wouldn’t be able to easily terminate a contract.

    So no matter what, it is probably best to get professional help involved here to look that Auflösungsvertrag over, and contest it for better conditions with said professional help if the condtions of all of this put you at an disadvantage.

  2. Its a one time bulk sum. So for two years it equals one additional which equals one month brutto

  3. I had to deal with the same situation this week.

    If he signs it, he loses 3 months of unemployment severance from the government.

    If he doesn’t sign it, and the company has more than 10 employees. either they can’t fire him without having a justification ( layoff or bankruptcy).

    If they do fire him anyway, he wins a lawsuit, and they are forced to pay him for all the months that passed by in full, and he is still paid unemployment.

    I negotiated my layoff with a 3 months gross salary compensation, and I worked there for 1 year.

    Your husband has the upper hand here, and he can wait all he wants.

    If he signs, he also has to pay health insurance and pension from his pocket when unemployed.

    He needs to contact a lawyer.

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