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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.

The entrance to the Jobcenter in Düsseldorf,
The entrance to the Jobcenter in Düsseldorf, North Rhine-Westphalia. Photo: picture alliance/dpa | Oliver Berg

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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For members

RENTING

How a German ‘Mieterverein’ can help you reduce your rent

If you're renting in Germany, you may have heard about a tenants' association - or Mieterverein. But you may not be aware that joining one could help save you money in the long run.

How a German 'Mieterverein' can help you reduce your rent

There’s a truism that applies to many areas of life in Germany: there are plenty of rules and legal protections, but the vast majority of people don’t know them.

This feels particularly real when it comes to the world of renters’ rights. As a nation that generally prefers to rent than to buy, Germany has a huge range of in-built protections for tenants – but that doesn’t always stop landlords from bending the rules. 

The best way to make sure you’re getting a fair deal is to try and get familiar with your rights, or enlist the help of somebody who knows them inside-out.

That’s where the concept of the Mieterverein, or tenants’ association, comes in. These member-only organisations are there to advocate for the rights of tenants, keeping illegally high rents and other dodgy practices in check for renters in Germany. 

These types of associations can be a life-saver for foreigners who may struggle with the German language and German law, and could even help you save money in the long run. 

What is a Mieterverein?

A Mieterverein, or tenants’ association, is exactly what it sounds like: an organisation that stands up for the rights of tenants. It works by offering affordable memberships for renters – usually costing somewhere between €50 and €100 per year – which is then used to provide legal advice and representation, as well as advocacy and lobbying work. 

Ultimately, the idea is about strength in numbers. Instead of a single tenant taking on a big landlord like Vonovia or Deutsche Wohnen, a collective approach gives renters both more bargaining power and more resources.

Following this principle, many of the regional Mietervereine have clubbed together to create tenants’ associations in their state, which ultimately belong to the Germany-wide umbrella association, the Deutscher Mieterbund (DMB).

There are 320 associations currently active in the DMB, with the largest being the Berliner Mieterverein with more than 190,000 members. This is followed by Hamburg, with 78,000 members, and Munich, with 63,000. 

READ ALSO: How foreign residents in Germany are winning rent reductions

Members rely on tenants’ associations to assist with anything to do with Germany’s tenancy law. That means poring over rental contracts, ironing out difficulties with landlords, challenging rent increases or overly high rents, and fighting unfair or illegal evictions.

Of course, one of the most compelling reasons to join is to keep high rents in check – and find out if you could be eligible for a reduction. 

How can a Mieterverein help lower my rent?

Though it may not always feel like it, the vast majority of areas with a tight housing situation in Germany are subject to fairly stringent rental controls, known as the Mietpreisbremse.

These controls were mandated in a 2015 law that has recently been extended to 2029. Though there are some loopholes, the rules generally dictate that cold rents should be no more than 10 percent above the average rent for comparable properties in the same neighbourhood.

READ ALSO: German rent brake to be extended until 2029: What you need to know

The ways for calculating this are complicated but all you really need to know is that they are based on something called the Mietspiegel: a huge table charting the average rent prices based on factors like a property’s size, location, age and facilities. 

Berlin prenzlauer Berg

Flats in the Berlin district of Prenzlauer Berg. Photo: picture alliance/dpa | Monika Skolimowska

One service tenants’ associations can offer is to compare your rent against the Mietspiegel to see if you’re being charged too much. 

To do this, they’ll look at your contract and ask you a series of questions about your rental property. If it turns out the rent is illegally high, Mieterverein lawyers can help you draft a letter to officially challenge your rent and ask for it to be reduced.

Some tenants’ associations also offer legal protection insurance (Rechtsschutzversicherung) as part of their memberships, which can help you deal with any issues that may arise with the landlord later on. 

What about annual rent increases?

In most cases, these can be disputed as well. Under the Mietpreisbremse rules, rents can be raised by a maximum of 20 percent in the space of three years. This can be good grounds to challenge a big annual increase in rent – but it isn’t the only way. 

The legal representatives at your local Mieterverein will be able to help you dispute increases in rent, as long as you don’t agree to these increases straight away.

Once again, the increases may be based on a shaky foundation of illegally high rents to start with, so it’s always worth getting everything checked over in full by a qualified lawyer.

It’s also worth keeping an eye on any issues with your apartment, such as broken fixtures and fittings, because these can be grounds for a rent reduction until the problem is fixed.

READ ALSO: How to get a rent reduction for problems in your German flat

Advisors at the Mietervereine will not only be able to tell you what are grounds for a Mietminderung (temporary rent reduction), but also how much you could be entitled to. 

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