A severance payment is a one-time cash payment of the employer, will upon termination of employment made. There is no right of workers to pay compensation for termination of employment. The legislation only in the social compensation plan, the disadvantage of compensation pursuant to § 113 WCA and Employment Protection Act (Protection Act). Of course it can also be settled out of court or judge.
first court settlement
severance payments are not generally provided protection against unfair dismissal law, since the law aimed at the continuance of the employment relationship. Because of the uncertainties of the dismissal process and related risks are often closed out of court after notice of dismissal or compensation comparisons in the court proceedings, which is in the mutually agreed termination of employment on payment of a sum.
The amount of compensation depends basically on the existing process risk! There are no laid down sentences.
second § 1a KSchG
Since 1 January 2004 sees the employment protection law in a Consumer Protection Act § 1 before a compensation claim by the employee if the employer has given a proper notice of termination and to the employee in writing as part of the notice provides that upon expiration of the three-week leave period may claim an indemnity action. It is not actually a legal right, but still a voluntary service of the employer.
The employee has the choice now hereafter, if he refrains from a dismissal action and then receives a severance payment or through legal action if he tried to leave the invalidity of the termination notice and the continuation of employment.
a severance payment under § 1 a Consumer Protection Act has the advantage that the 12-week idle period does not occur in the Agency. The Federal Social Court in a decision of 12:07:06 (AZ B 11a 47/05R AL) announced in the case of occurrence of blocking time at the conclusion of termination or settlement agreement may no longer hold. A settlement or termination agreement will therefore not be to impose a curfew, if the termination agreement is avoided with a legitimate employer termination. The legality of the threat of dismissal is presumed if the agreed settlement in the Consumer Protection Act § 1 provided a level (0.5 gross monthly salaries per year of service) or less.
third Resolution convicted of unreasonableness of the continued
If the employee wins the dismissal process his application, he may, if he continued the employment relationship is no longer reasonable to provide to the Labour Court is known as a dissolution petition (§ 9 of the Consumer Protection Act). If the conditions, the Labour Court to dissolve the employment relationship and to order the employer to pay severance pay. The amount of compensation is in accordance. Consumer Protection Act § 10 by age and seniority: a maximum of 12-18 salaries
4th Claim based on collective or social plan
see some collective agreements (usually related to operational changes) severance payments for workers affected before, irrespective of the effectiveness of a termination of the salaried employees payable. Severance social plans are intended to offset the Court of Federal Labour Court in the first place the economic loss caused by an expected unemployment. Severance payments should not just use them to pay departing employees for good service also. D
5th Disadvantage compensation pursuant to § 113 WCA
deviates from an employer without good reason from one agreed with the works of interests under § 112 WCA or he tries not even this balance of interests, so workers as a result of operational changes made redundant or suffer other losses to the Labour Court disadvantage according to a so-called compensation. § 113 WCA sue. The amount of such compensation is governed by the rules, as in the sentence according to resolution. § 10 KschG.
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