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WORKING IN GERMANY

Can I get unemployment benefits in Germany if I quit my job?

Germany is known for having relatively generous unemployment benefits for its residents but can you qualify for payments if you quit a job?

Employment agency
Sign on an employment agency office. You need to register as unemployed with the agency immediately after losing your job to receive benefits. Photo: picture alliance/dpa | Rolf Vennenbernd

Unemployment benefits in Germany come in two forms: There’s coverage of your health insurance and then there’s unemployment money (Bürgergeld) which is intended to prevent people who lose their jobs from completely lacking an income while they find new work.

To be eligible for either of these benefits, the most basic requirements are that you must be a legal resident of Germany, registered as unemployed, actively looking for a job, and between the ages of 15 and 65.  

Then there are a few other requirements to qualify for either health insurance coverage or Bürgergeld. For a more detailed explanation of who is eligible for unemployment in Germany, and how it works, see this explainer.

One common misconception, however, is that unemployment payments is reserved for those who are laid off from work and not those who leave their job for other reasons.

Can I apply for unemployment benefits if I quit?

You can apply for unemployment benefits, even if you are the one who chose to leave your job. But in most cases, you wont receive benefits for the first three months after the date you officially ended the job.

When you quit your job (as opposed to being let-go by your employer) the German Employment Agency enforces a three-month blocking period, called Sperrzeit, during which you are not entitled to collect Bürgergeld. You may, however, have your health insurance payments covered from the second month after quitting.  

READ ALSO: EXPLAINED – What you should know if you want to quit your job in Germany

You should make sure to register as unemployed with the employment agency (Bundesagentur für Arbeit) as soon as possible to make sure that your benefits kick in on-time.

This is also true for those who have been terminated – applications take time to process so applying immediately is pertinent.

You should register by the first day after your job has ended at the latest. If you’ve given you employer notice, you can also apply in advance – up to three months before you will become unemployed at the earliest.

Are there any exceptions? 

There are are few cases where the employment agency can waive the holding period and grant you unemployment benefits immediately after you quit your job.

If one of the following cases applies, you should be immediately eligible:

  1. You can prove that you had a firm commitment to a new position that fell through after your resignation.
  2. You were legally justified for resignation without notice, for example, because your employer did not pay you.
  3. You quit to move in with someone else so you can take care of your children together.
  4. You quit due to psychological stress or ‘burnout’. This would need to be documented e.g. with a medical certificate.

READ ALSO: How the German government wants to toughen up rules on unemployment benefits

How much can I get?

Generally recipients of unemployment benefits can expect to receive 60 percent of their previous gross income, or 67 percent if they or their spouse have children. This standard rate still applies if you quit, after the blocking period has passed.

It is important to note that the money you receive is taxable. Germany also ignores gross income above €90,600 when deciding benefits. 

Bürgergeld recipients, on the other hand receive an amount based on another calculation. They can expect up to €563 per month along with the payment of other living expenses and housing. Local authorities set rates for “reasonable” accommodation costs based on the region’s cost of living. 

To get an idea of how much unemployment money you might receive you can use this calculator by the employment agency.

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WORKING IN GERMANY

Four steps to take straight away after losing your job in Germany

Losing a job can be a nightmare situation for foreigners in Germany - but following these simple steps will get you back on your feet in no time.

Four steps to take straight away after losing your job in Germany

In times of economic downturn, layoffs are far from unusual – but that doesn’t make it any more difficult for the people who find themselves suddenly left without work.

For foreigners in Germany, the situation is even more frightening. You may wonder whether your residence status is in jeopardy, how hard it will be to find another position, and whether you can support yourself while you look for another job.

Though it may be hard to think clearly at a time like this, following these four simple steps will set you in good stead to move forward – and hopefully, it won’t be long before another dream opportunity comes your way. 

1. Negotiate your terms 

Before signing or agreeing to anything, it’s crucial that you’re familiar with your rights and understand how much notice your employer has to give you and what kind of settlement you may be owed.

Generally, the rule of thumb is that you get half a month of severance for every year you worked at the company. That said, higher settlements can be negotiated in return for signing a termination agreement (Aufhebungsvertrag), so you may want to seek legal advice before settling. 

Even during a probationary period, your employer will also have to give you a certain amount of notice before your last working day. During the interim, you can either work for the company or be put on what is known as gardening leave in English, where you stay home but are paid as if you were working.

This can all be negotiated as part of a termination agreement, so you should think carefully about what works best for you and consider speaking to your labour council (Betriebsrat) or a legal specialist before making any firm decisions. You should also be aware that you have no obligation to sign any agreement and can legally dispute the layoff if you want to. 

READ ALSO: Can I get unemployment benefits in Germany if I quit my job?

2. Get all the necessary documents from your employer

Once the terms of the layoff are final, ensure that your employer gives you all the necessary documents you need to navigate the next phase of German bureaucracy.

The main two to think about first are the confirmation of work (Arbeitsbescheinung) and the confirmation of your holiday entitlement (Urlaubsbescheinigung).

The first can be sent to the Agentur für Arbeit (jobcentre) as proof of your last job and recent layoff, while the second will help your next employer calculate your vacation days for the rest of the year.

An Arbeitszeugnis, or German letter of reference

An Arbeitszeugnis, or German letter of reference. Photo: picture alliance/dpa/dpa-tmn | Zacharie Scheurer

On top of these documents, you’ll want to ask your employer for a letter of reference (Arbeitszeugnis), which is useful for finding a new job in Germany.

You should also keep hold of your last payslip and statement of earnings (Lohnsteuerabrechnung), which are helpful for tax purposes and may also be requested by the Agentur für Arbeit.

Speaking of which… 

3. Register as unemployed with the Agentur für Arbeit

As soon as you know that you are soon to be unemployed, you should register as a jobseeker with the Agentur für Arbeit. To get full unemployment benefits, you usually have to do this within three days of receiving your termination notice or at least three months before leaving.

Depending on what type of residence permit you’re on, you may or may not be entitled to long-term unemployment benefits (ALG II), but most employees are able to get unemployment insurance (ALG I), which covers a proportion of your former salary while you look for a new role.

It’s important to be a little bit careful here, as claiming long-term unemployment benefits (ALG II) can affect any future citizenship applications. Any severance pay you agree to can also result in you losing some months of unemployment benefits, so these are all factors you will have to consider while deciding on the best way forward. 

READ ALSO: What happens to your work permit if you lose your job in Germany?

4. Inform the immigration office 

If you’re on a residence permit that is linked to your job in some way, like a Blue Card or work visa, you’ll need to inform the immigration office about your change in circumstances as soon as possible.

This should be done in writing, and in German, within two weeks of receiving your termination notice.

You should include all relevant personal information, such as date of birth, residence permit type, and nationality, as well as the date of your final day at work. As proof of the layoff, you should also enclose a copy of your termination agreement or a letter from your employer. 

People enter the immigration office

For foreigners who move to Germany and settle in Berlin, a visit to the Berliner Landesamt für Einwanderung (LEA) is ultimately unavoidable. Photo: picture alliance/dpa | Britta Pedersen

In most cases, the immigration office will give you between 3 and 12 months to look for a new job. If they give you a shorter period, be aware that you may be able to negotiate an extension later on if you are struggling to find work through no fault of your own.

Above all, stay positive. Though it may feel like one door has closed, another one is sure to open. This being Germany, you may just have to wade through a sea of paperwork to get there.

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