Unemployment benefits if you resign

58 posts in this topic

8 minutes ago, zwiebelfisch said:

 

 

I think ban isnt the right word.  The normally used german word is Sperrzeit, which roughly translates as blocked time.

 

What normally happens (Im not a lawyer etc) is that a person becoming voluntarily unemployed is not eligable for unemployment benefit for 12 weeks.

 

Out of interest:  

If the person was allowed up to 12 months of benefit, does this just mean that they still get the full 12 months from the start date or are only eligible for a max of 9 months?

 

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Im not a lawyer, but the internet says

 

Quote

 Bei einer Sperrzeit mindert sich nach §148 Abs. 1 Nr. 3 oder 4 SGB III die Dauer des Anspruchs auf das Arbeitslosengeld mindestens um die Dauer der Sperrzeit.

 

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7 hours ago, Krieg said:

 

Even if you get the 3 months ban, the Agentur Fur Arbeit will still pay for your health insurance (and I think pension).  As far as I know.

This is an awesome extra that I did not expect but of course will make me very happy it it is true.

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8 minutes ago, lewton said:

if it is true.

 

You have to work on your politeness, specially when replying to people that are actually trying to help you.

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10 minutes ago, Krieg said:

 

You have to work on your politeness, specially when replying to people that are actually trying to help you.

 

I don’t see a problem with replying “if it is true” when you ended with “as far as I know”. 

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2 minutes ago, A.N.Other said:

 

I don’t see a problem with replying “if it is true” when you ended with “as far as I know”. 

 

True vs Correct.

 

Of course I am not lying and I'm 100% positive the Agentur Fur Arbeit will pay for the health insurance.   But I am not a lawyer and I can't foresee all the different scenarios.   

 

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2 minutes ago, Krieg said:

 

True vs Correct.

 

Of course I am not lying and I'm 100% positive the Agentur Fur Arbeit will pay for the health insurance.   But I am not a lawyer and I can't foresee all the different scenarios.   

 

 

Otherwise his post was quite polite. I take it you were missing “if it is true in my case”?

 

I’m not picking on you or anything, just trying to understand what you considered impolite. Personally I would have understood “as far as I know” to mean “I’m pretty sure” and may have responded  in a similar manner. That’s why I’m asking. 

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6 hours ago, lewton said:

 

Please clarify: by ban you mean a penalty of a few months or what?

The word ban is quite heavy in this context and is confusing me. :)

 

 

Sorry for not being more precise. By ban I mean the 3 months it's blocked.

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6 hours ago, Krieg said:

 

You have to work on your politeness, specially when replying to people that are actually trying to help you.

 

WOW, I did not see that coming.

The only reason I wrote this is because you added in the end the "as far as I know" part.

A.N.Other is right that I was not trying to attack your credibility, but simply interpreted the "as far as I know" as you not being 100% sure of what you wrote.

Let's move on. :)

 

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Alright, so back to this thread.

I opened a new one but I will ask the admins to delete it as the question can be asked here too.

 

Before I start, I want to confirm what was written here by Krieg, namely that although the Arbeitsagentur did not pay me directly during the first 3 months of unemployment, they did pay for my health insurance.

 

Back to the current situation, I was about to start my new job on April 1. That is after having being unemployed and not paid for exactly 3 months (I quit in September and worked until December 31).

 

Now, due to Corona crisis, the new company has asked me to agree to start on May 1 at 60% hours/money and then after 3 months we should review whether we can increase it to 80% or 100%. The way they want to handle this is by adding an addendum to the existing signed contract.

 

The thing is that I have been without a job for 3 months, and I haven't got any unemployment money yet. I was supposed to start receiving on April 1, but I notified last month the Arbeitsagentur that I have found a job.

 

My assumption is that if I agree to and sign this addendum then I am basically unemployed through my own responsibility, therefore the Arbeitsagentur will not consider me eligible for unemployment benefits. So I am assuming that right now the right way to handle this is to refuse to sign the addendum, which will probably make the company mad and then they will just fire me forever. It is a very small business and I was excited to work there, not because of their small size but despite their small size, because I find what they do extremely interesting. Being a small business, I can imagine that the 2 owners will take it personally if I refuse to sign this addendum.

 

On the other hand, with this Corona going on, I cannot afford to stay unemployed for a 4th month without any income, only to hopefully get back to work at 60% later. I also do not have any guarantee that they will not ask me to postpone again next month. 

 

The question is, can I somehow sign this addendum to delay my start and still convince the Arbeitsagentur to start paying me my normal unemployment benefits without another 3-month penalty? Any input here will be hugely appreciated.

 

And before you ask, I am now preparing mentally to call the Arbeitsagentur. My German is not that great, although I spent the first 2 months of my unemployment doing intensive German classes and got from a shaky B1 to a confident B2. :)

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12 minutes ago, lewton said:

And before you ask, I am now preparing mentally to call the Arbeitsagentur. My German is not that great, although I spent the first 2 months of my unemployment doing intensive German classes and got from a shaky B1 to a confident B2. :)

 

Don't call, but rather send an email so that you have proof of what exactly they said.

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Interesting idea, thanks.

Should I realistically expect them to answer in 1-2 work days?

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3 hours ago, lewton said:

Interesting idea, thanks.

Should I realistically expect them to answer in 1-2 work days?

Probably not realistic in these days of pain.

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Quick update.

The Arbeitsagentur never answered my message in written, while on the phone they could not guarantee that I will not lose my benefits if I sign this agreement to postpone my start date and only start at 60%. So I told the company I cannot sign it.

Instead, they fired me.

I called the Arbeitsagentur and they told me that I will get my previously approved unemployment benefits from the day that my notice period ends. At the moment I am in the 2-weeks notice period after being fired, therefore the company is paying my salary.

 

 

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lewton's story reminds me of what happened to me a number of years ago.

After being unemployed during a mini recession in Germany and my Arbeitlosengeld (yes, and health insurance) running out, I found a new job with a six month probationary period.

Pay was OKish. Worked there for five months.

Then the company announced they were cutting everybody's pay by 50% (but full hours, no chance to work a second job), and presented new contracts to all of us. I had to refuse, as 50% of poor pay meant either eating or paying rent, but not both.

I was fired two days before the end of the probationary period.

(Fortunately found other work before having to struggle for Hartz 4.)

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Crazy that they expected people to keep working full time for 50% of their salary... :huh:

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11 hours ago, lewton said:

Crazy that they expected people to keep working full time for 50% of their salary... :huh:

Capitalism at work... and the company was so small they were exempt from certain rules protecting employees at that time.

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On 3/27/2020, 11:28:57, lewton said:

Alright, so back to this thread.

I opened a new one but I will ask the admins to delete it as the question can be asked here too.

 

Before I start, I want to confirm what was written here by Krieg, namely that although the Arbeitsagentur did not pay me directly during the first 3 months of unemployment, they did pay for my health insurance.

 

Back to the current situation, I was about to start my new job on April 1. That is after having being unemployed and not paid for exactly 3 months (I quit in September and worked until December 31).

 

Now, due to Corona crisis, the new company has asked me to agree to start on May 1 at 60% hours/money and then after 3 months we should review whether we can increase it to 80% or 100%. The way they want to handle this is by adding an addendum to the existing signed contract.

 

The thing is that I have been without a job for 3 months, and I haven't got any unemployment money yet. I was supposed to start receiving on April 1, but I notified last month the Arbeitsagentur that I have found a job.

 

My assumption is that if I agree to and sign this addendum then I am basically unemployed through my own responsibility, therefore the Arbeitsagentur will not consider me eligible for unemployment benefits. So I am assuming that right now the right way to handle this is to refuse to sign the addendum, which will probably make the company mad and then they will just fire me forever. It is a very small business and I was excited to work there, not because of their small size but despite their small size, because I find what they do extremely interesting. Being a small business, I can imagine that the 2 owners will take it personally if I refuse to sign this addendum.

 

On the other hand, with this Corona going on, I cannot afford to stay unemployed for a 4th month without any income, only to hopefully get back to work at 60% later. I also do not have any guarantee that they will not ask me to postpone again next month. 

 

The question is, can I somehow sign this addendum to delay my start and still convince the Arbeitsagentur to start paying me my normal unemployment benefits without another 3-month penalty? Any input here will be hugely appreciated.

 

And before you ask, I am now preparing mentally to call the Arbeitsagentur. My German is not that great, although I spent the first 2 months of my unemployment doing intensive German classes and got from a shaky B1 to a confident B2. :)

Do you mind recounting the story of the process of quiting your job and what proceeded after that? 😀🤭

Just sent my letter today so am gathering all my infos (besides the most imp I know will be blocked for 3 months).

You quit and then what was your next step?.

be gentle people 😂

thanks!

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