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Many employees are concerned during the COVID19, industries will most like lay off workers. But how does this concern me?
My employer has terminated my employment “because of Corona” – what do I have to consider?
For a termination to be legal, it must be socially justified. This means – there must be objective reasons for it. The current crisis is not automatically such a reason. Therefore, you should not simply accept the termination, but have it legally reviewed in any case. Important to know: An action against the termination must be filed with the labor court within three weeks – this also applies in times of Corona. Exceptionally, the subsequent admission of late actions is possible if the employee is prevented from filing the action within 3 weeks despite exercising all due care that can be expected of him under the circumstances. This application is only admissible within 2 weeks after the obstacle has been removed and can no longer be filed at all after 6 months from the end of the period (Section 5 (3) KSchG). Consult with our specialist Attorneys for Labours Laws in Berlin if you have questions about you employment contract.
Am I entitled to unemployment benefit at all or only Hartz IV?
Anyone who has been employed for at least 12 months in the last 30 months (two and a half years) and who is subject to social insurance contributions is entitled to unemployment benefits. The employment does not have to be “in one piece”; you can also have “accumulated” the required 12 months through several employment relationships. If this qualifying period is fulfilled, you will receive unemployment benefits for 6 months. However, unemployment benefits can also be paid for longer – up to a maximum of 12 months if you are under 50 – if you have worked for more than 12 months within the last 5 years subject to social insurance contributions. Those over 58 can receive unemployment benefits for up to 24 months.
Because of Corona, until Dec. 31, 2020, unemployment benefits will be paid for three months longer if your benefits end between May 1, 2020 and Dec. 31, 2020. If you fail at this hurdle, you can apply for Hartz IV (see below).
Detailed information from the DGB on the differences between unemployment benefits and Hartz IV is available here.