If an employment relationship is terminated, in addition to termination, there is also the option of mutual termination. This can have some advantages for the employee. Labor law expert Christoph Schribl explains what needs to be taken into account.
An amicable termination is a mutual declaration of intent by the employee and the employer to end the employment relationship at a specific point in time. Since there are no deadlines or appointments to be adhered to, the employment relationship can be terminated on any day. Mutual consent necessary. Consent is voluntary for both parties. Nobody can be forced to agree to an amicable solution. One advantage of amicable dissolution is the elimination of the 28-day blocking period at the employment service. In principle, there are no formal requirements for amicable dissolution. The mutual dissolution can take place both verbally and in writing. For reasons of proof, the mutual termination should always be made in writing. The type of termination of the employment relationship is decisive for the “old severance payment”: If the employer terminates the contract and the termination is mutually agreed upon, there is a right to severance pay. If an employee resigns, there is no entitlement to severance pay. Under the new severance pay law, there is a right to payment in the event of a mutual termination. “Know how” is a service series from “Krone” and the Chamber of Labor.
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