If the employees themselves have caused the unemployment intentionally or through gross negligence, this is considered a breach of insurance, or behaviour contrary to insurance law.
This is the case in the following situations:
– termination notice by the employee,
– a termination agreement (also called dissolution agreement); because this cannot be concluded against the will of the unemployed person
– a winding-up agreement, if it is part of an overall agreement (covert termination agreement), i.e. if it is combined with a termination by the employer
– premature termination of the employment relationship by the employee, on the basis of a “turbo-clause” agreed in the termination or liquidation contract (see § 5 in our termination agreement)
– Participation casess: the employment relationship is considered to have been terminated by the employee if it would not have been terminated without their active participation;
– the actual cessation of employment without notice (no power of disposal by the employer and/or lack of willingness of the employee to work)
– an employer’s notice of termination due to the employee’s conduct in breach of contract
The following situations are not covered:
– the mere acceptance of an employer’s notice of termination (even if severance pay is accepted); the acceptance of a notice of termination which is obviously invalid, or the prior agreement that no legal action will be taken may, however, indicate that the employee is responsible for the unemployment;
– a settlement in front of the labour court, if there are no indications of conduct contrary to insurance law (in this case, a higher severance payment than the standard severance payment can therefore be agreed without the threat of a blocking period)
– winding-up contracts concluded after the expiry of the period for bringing an action for unfair dismissal if no prior agreement has been reached
– the non-acceptance of a notice of termination subject to change, the failure to conclude a new or extended employment contract