An employment relationship can be terminated by mutual agreement with a termination agreement. However, employees should never allow themselves to be put under pressure by their employer - there is a risk of disadvantages.
Anyone who receives a termination agreement from their employer should not sign it under pressure or coercion. Uli Meisinger, legal adviser to the Saarland Chamber of Labor draws attention to this. A termination agreement is usually used to end an employment relationship by mutual agreement. However, the legal adviser knows of cases in which employers work towards a signature from an employee.
Anyone who is unsure about the contract should, if possible, seek advice from an independent body. Important: Employees who feel under pressure or overwhelmed can always simply say no and not sign the termination agreement.
Once the contract has been signed, it can only be reversed in very rare cases. According to Meisinger, it can only be legally enforced in exceptional cases that a termination agreement is declared invalid. A right of withdrawal does not apply to termination agreements either. And employees cannot even rely on the principle of fair negotiation, which also applies to termination agreements. Accordingly, employees must not be exposed to unfair negotiation situations.
According to the Federal Labor Court, this is the case when a psychological pressure situation is created or exploited that makes a free and well-considered decision considerably more difficult or even impossible. According to the information, it always depends on the circumstances of each individual case. "In the absence of clear and uniform guidelines, those affected should not rely on this instrument," says Meisinger.
Basically, a termination agreement can be a good solution for both parties if an employment relationship is to be terminated. However, employees should always note that this type of contract can lead to disadvantages under certain circumstances. For example, to a blocking period for unemployment benefits. Even if a severance payment is paid, the entitlement to unemployment benefit may be suspended, according to the Saarland Chamber of Labor - even if there is no blocking period.
