The blocking period at the unemployment benefit according to § 159 SGB IIIVMany employees fear the so-called blocking period at the unemployment benefit, especially if they play with the idea of filing a notice of termination. Who wants to be without money in the next few weeks?? The situation is aggravated when the work wants to feed a whole family. Then some refrain from quitting, even if there is an important reason.
So-called blocking periods can be imposed in the context of unemployment benefits. You can find out what needs to be considered in the following guidebook. Often a lot of half-knowledge flows in relation to the block on unemployment benefits. Include uncertainties in the discussions. But what is to be understood under the blocking period at all? Which conditions and conditions are attached to the barrier with the employment office?
Briefly& scarcely: Blocking period with the unemployment pay
During the so-called blocking period you are not entitled to unemployment benefit I.
As a rule, the blocking period lasts between one and twelve weeks. However, it can also be shortened. When this possibility exists, read here.
Information on the situations in which a blocking period is imposed can be found here.
How best to deal with the lockout period and how you can possibly avoid it, you will learn in the following guide.
When unemployment benefits are subject to a blocking period
A block by the employment office occurs among other things because of a self-termination.
The blocking period is anchored in German social law and describes the period in which you are not entitled to the unemployment benefit I. In this context, rejection is due to so-called uninsurable behavior.
The blocking period for unemployment benefits varies between one week and twelve weeks. This means that in the worst case you will have to do without unemployment benefit I for up to three months.
The blocking period with the unemployment pay is to be distinguished from the so-called rest period, which leads only to the postponement of the payment period. With the blocking period shortens the overall duration the payment of unemployment benefits by the period of the blocking period.
The legal basis for the blocking period is the § 159 of the Third Social Code (SGB III).
Important! The Blocking period is on the unemployment pay I limited. An activity subject to compulsory insurance must have preceded it. Unemployment benefit II, on the other hand, is an open-ended benefit that provides basic security for jobseekers or supports those who are in work.
§ 159 SGB III
Under the topic "Rest in case of blocking period", the § 159 SGB III defines the blocking period for unemployment benefits as follows:
If the employee has behaved in an uninsurable manner without having an important reason for doing so, the claim is suspended for the duration of a blocking period.
But when is there such a reason, so that the unemployment benefit causes a blocking period?
Refusal to work
Insufficient own efforts
Refusal of a vocational integration measure
Termination of a vocational integration measure
Failure to register
Delayed job search notification
The blocking period is based on § 159 SGB III.
According to this, a blocking period is imposed by the employment office for various reasons.
At this point, we will mainly talk about the blocking period if you want to claim unemployment benefit I (ALG 1).
But in the center of the following explanations the Blocking period with job abandonment. That is, if a Self-termination, a Self-inflicted termination or even a Termination agreement exist.
At § 159 states in this regard:
Uninsurable conduct occurs if the unemployed person has terminated the employment relationship or has given cause for the termination of the employment relationship by conduct contrary to the employment contract and has thereby caused unemployment intentionally or through gross negligence […]
Important! If the blocking period occurs with the unemployment pay, if an important reason is present? No. Because if you can prove this reason for your behavior, you will be taking into account the overall circumstances apart from that. In the case of dismissal, for example, the bullying at work may be appropriate.
Reduction of the blocking period
In the case of ALG 1, the blocking period can also be shortened. In particular with the blocking period of 12 weeks, which is often applied when a job has been given up, an Reduction of the duration possible.
Three weeks be saved if the employment relationship ended within six weeks anyway would have. – The blocking periods by the employment office are also to be reduced by six weeks, if the employment relationshipwithin 12 weeks even without self-termination ended would have. – This is also possible if the blocking period of 12 weeks for the person concerned would have special hardship would represent. The circumstances that led to the blocking of ALG 1 play a special role here.
What happens to the health insurance during the blocking period??
The health insurance during the blocking period is regularly covered by the insurance for the unemployed from the second month onwards.
Many people wonder what happens during the blocking period from unemployment benefits with the Health insurance continues.
In such a case you still have during the first month Entitlement to health insurance benefits. At this point there is usually a non-contributory additional insurance obligation according to § 19 Abs. 2 SGB V. If you were previously privately or voluntarily insured, you must pay the contributions yourself during the blocking period.
From the second month until the twelfth week, you are then regularly insured through the Health insurance for the unemployed secured. Entitlement to Sick pay during the blocking period from unemployment benefits do not exist, however.
In addition exists meanwhile also no pension insurance obligation, Since you do not receive unemployment benefits in this context.
If a termination agreement leads to a blocking period for unemployment benefits
Unemployment benefits may be subject to a blocking period if you agree with the employer on a termination agreement. Agreement between employer. employee represents. This includes the termination of the employment relationship.
With such a regulation it is to be considered that neither a period of notice nor generally protection against dismissal exists. Likewise, the works council has no say in such a case.
Although with this arrangement a Severance pay usual, but in general you are not entitled to it.
The blocking period in the case of a severance payment does not have to occur, but especially when a severance agreement is involved, the employment agency ames that unemployment was self-induced. This means that you fall within the scope of the work abandonment that leads to a blocking period.
Normally, an employee is not forced to sign this contract.
Important! If necessary, ask the agency whether your termination agreement and severance pay could lead to a blocking period.
Objection against the blocking period
If you want to appeal against the blocking period at the employment office, this can happen in two ways. Please note that you must month after notification of the decision have time. You can state the reason for unemployment, which does not justify a blocking period. Have you had a valid reason to resign? Why did you have to give up your job?
The objection can be made on the postal route can be made or written down by an employee of the agency. Your request will be discussed by the responsible employee at the agency recorded in writing.