A post by specialist lawyer for employment law Alexander Bredereck may impose a lock up to twelve weeks the federal employment agency, if the workers intentionally or grossly negligently causes unemployment. The Federal agency assumes that this is the case, if the employee has solved the employment relationship or conduct contrary to a termination of the employer given rise. When a cancellation agreement the consent of the employee and his participation is always, because this may not occur otherwise. A cancellation agreement is therefore generally regarded by the Federal Agency for work as an indication for a for causing of the own unemployment. Regularly, there might be the danger of imposing a given, especially if an indemnity is provided in the cancellation agreement. It looks different, if such a termination agreement is logged after receipt of cancellation and subsequent dismissal complaint before the Labour Court. In such cases regularly no lockout imposed.
The Federal agency may impose in addition also then no lockout, when the workers for their participation in the resolution of the employment relationship was an important reason. Workers with the termination agreement of imminent lawful dismissal before coming to avoid the disadvantages of termination for his professional advancement or similar disadvantages from the outset to avoid such a important reason exists. In such cases, the Federal agency may not impose a lockout time. Generally, it can be said that when a termination agreement out of court is closed, a given risk. The termination agreement, however, applied in the context of a court settlement, no lockout is regularly imposed by the Federal Agency for work even though the comparison in addition provides for the payment of an indemnity. Will be imposed a lockout time, the employee will receive 12 weeks no Unemployment benefits. Against the decision can appeal and action before the Sozialgericht be submitted to failure. The opposition has success, the federal employment agency must replace also the costs of the lawyer of the employee. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law