Severance pay in the event of dismissal
Severance payments are a matter for negotiation.
What is a severance payment and when is it paid?
In German employment law, severance pay is a one-off cash payment made by the employer to the employee on termination of the employment relationship.
To ensure that the severance payment in the event of dismissal is not too high or too low, we recommend consulting a severance payment lawyer.
The law firm white ip | Patent & Legal advises employers comprehensively on severance payments in the event of dismissal, employee claims and the usual severance payment amount in your industry and region.
Our team is available for you by telephone on 0351 -896 921 40 or by e-mail at recht@white-ip.com.
We are available for consultations in Dresden, Leipzig, Berlin, Cologne, Munich, Hamburg and beyond. Contact us with your request and your wish for an online or on-site consultation!
We will find an appointment together.
Frequently asked questions about severance pay in the event of dismissal
Who is entitled to severance pay?
Whether and when a severance payment is made and how much it is depends on the specific circumstances. In principle, a severance payment in accordance with Section 9 of the Dismissal Protection Act can only be considered if either the employer or the employee cannot reasonably be expected to continue the employment relationship. One reason for this is, for example, a significant dispute between the parties.
Nevertheless, a severance payment is often agreed as part of a settlement in the course of the labor court proceedings.
In this way, the employer practically buys an amicable termination of the employment relationship and thus avoids the uncertainty of a legal dispute and a court decision.
Advice from a lawyer for employment law and severance payments is recommended, as the amount of the severance payment is a matter for negotiation.
Why should a lawyer be involved in negotiations about severance payments?
The amount of a severance payment depends on many factors: negotiating skills, but also the industry and region or existing agreements.
Depending on the court district, certain “basic amounts” have developed for the question of severance pay in the event of dismissal. For example, a severance payment of half a gross monthly salary per year of employment is common as a basic amount. This severance payment amount can then be increased or reduced depending on the circumstances of the individual case.
If provisions have been made in works agreements or collective agreements regarding both the reason for and the amount of a severance payment, these must be examined in each individual case and must be observed.
What consequences can a severance payment have?
We support you from the examination of the severance payment claim to the calculation of the severance payment amount.
Our lawyers for employment law work in Dresden and throughout Saxony for companies, managing directors and senior executives and will answer your questions about dismissal and possible severance pay with confidence and competence at all times.
Consult our Employment and Labour Law experts
Albrecht Lauf
white ip | Patent & Legal
Königstraße 7 | 01097 Dresden
white ip | Patent & Legal
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