Blocking period with the unemployment pay avoid here click sos right we set consumer rights

Blocking period when receiving unemployment benefits?You want to quit your job? Your boss threatens with dismissal because of misconduct? You are to sign a termination agreement?

Attention! If, in the opinion of the employment agency, you yourself contribute to the termination of your employment relationship, you may be threatened with a twelve-week suspension of unemployment benefits!

– 24h available – nationwide – free initial assessment

– S.O.S. Law – Termination – Blocking period for unemployment benefits

You are threatened with a blocking period for unemployment benefits?

On this page you will find the answers to the most important questions on this topic
Blocking period for unemployment benefits.

Anyone who quits their job themselves or concludes a termination agreement must reckon with a blocking period for unemployment benefits. Who considers however certain things, this blocking period and consequently a financial bottleneck can avoid.

Carl Christian Muller, LL. Deep breath. Keep calm!We answer your questions to the blocking period in a guaranteed free first discussion – that takes the first nervousness away from you.

Sign nothing!

Do not sign a termination agreement without seeking advice first. Do not give away money – in particular, if you would be entitled after the law actually unemployment pay!

Do not miss any deadlines!

Provided that you have received a notice of dismissal, you must register in time with the employment agency looking for work. Otherwise there is a threat of a blocking period.

Free initial assessment!

Make use of our service and call us. You always speak with a lawyer. So that a blocking period can be avoided! First meeting without obligation. Guaranteed free of charge.

1. What is a blocking period from the employment agency?

If the employment agency imposes a blocking period on you, your entitlement to unemployment benefits is suspended. So for the duration of the blocking period you will not receive unemployment benefits. The employment agency imposes a blocking period if the employee himself terminates his employment without good and provable cause or intentionally causes unemployment through his behavior.

As insurance-unfairly such circumstances are regarded in principle, with which an employee participates even in its job loss. The two most important case groups of the blocking period for employees are:

– the signing of a termination agreement or of a settlement agreement – a Termination for reasons of conduct and – late job search notification.

In addition, the employment agency can impose blocking periods if, for example, the requirement to cooperate in the job search is violated. As a rule, the blocking period here lasts for 12 weeks.

By the way, a blocking period is not to be confused with a sanction. The blocking period refers to the receipt of unemployment benefit I (ALG I). The receipt of ALG I is always preceded by an activity that is subject to compulsory insurance. The so-called qualifying period must be fulfilled, i.e. in the last 2 years before the unemployment registration, at least 12 months must have been paid into the unemployment insurance.

2. How long does the blocking period of the employment agency?

The blocking period that the employment agency can impose for the self-induced job loss is generally 12 weeks, but can also be reduced to 6 or 3 weeks under certain circumstances.

In addition, there are other reasons that can trigger a blocking period of varying duration. For example, if an employee is late in reporting for work, a blocking period of one week occurs. Further examples of a blocking period can be found in the following overview.

Reason for blocking period duration Gesetzl. Basis work abandonment by

3. When, exceptionally, a blocking period is not imposed?

Under certain conditions, a blocking period can also be avoided when the employee gives notice or signs a termination agreement.

Cases in which no blocking period threatens in spite of a cooperation by the employee are to be

– Bullying or sexual harassment at work – Job abandonment to save the marriage – Financial problems of the employer, such as insolvency – Activity violates legal regulations or "good morals"

ATTENTION: Employees who are threatened with a blocking period are in the Mandatory to prove that one of the preceding circumstances existed. Initial consultation without obligation. Guaranteed free of charge.

4. How can a blocking period be avoided?

Learn of your termination, register directly with the employment agency job seeking.

If you want to give notice yourself, you should talk to your employer so that he or she will give notice. But be careful! If you are dismissed for reasons of conduct, a blocking period will still be imposed. More on the subject of termination for behavioral reasons can be found here.

Even an amicable termination agreement can lead to a blocking period by the employment agency if the employment relationship is shortened in comparison to the regular notice period.

IMPORTANT: If you want to avoid a blocking period, the employer must give notice or a named exception must be present.

If you are dismissed for conduct-related reasons, you have no choice but to bring an action for protection against dismissal so that the accusation of dismissal for conduct-related reasons is off the table. Here you can find out more about protection against dismissal and legal action against dismissal.

5. Termination agreement and blocking period

The termination agreement is a voluntary agreement between the employee and the employer. By signing the termination agreement, the employee waives his notice period and protection against dismissal. The employment agency therefore generally ames that the employee has voluntarily caused his unemployment when concluding a termination agreement and equates this case with self-termination.

6. No blocking period despite termination agreement with severance pay

To avoid a blocking period despite a termination agreement with severance pay, the severance pay must not exceed half a month's salary per year of employment. In addition, the employer must submit a so-called notice of termination in due time Termination "with certainty in prospect. A dismissal "with finality means that a termination agreement will replace the termination that is certain anyway. In addition would have in the further

– the avoided termination is due to personal or operational reasons – the termination agreement does not shorten the applicable notice period and – the employee must not be unemployable. First meeting without obligation. Guaranteed free of charge.

– 24h available – nationwide – free assessment

7. What to do against a blocking period from the employment agency?

If the employment agency imposes a blocking period against you, there is still the possibility to file an objection against the corresponding decision. It is essential to One-month period from the announcement of the blocking period to be noted.

If the objection authority considers the objection to be justified, the time ban is either shortened or even completely withdrawn. If the objection is rejected, however, this can only be challenged by filing a lawsuit with the social court.

8. What we can do for you

If the employment agency has imposed a blocking period, the only remaining option is to file an objection. Don't let it get that far in the first place! We advise you on all questions concerning the blocking period, especially blocking period when signing a termination agreement.

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