attorney work cancellation agreement Berlin

attorney work cancellation agreement Berlin: Since a couple of month we face an increasing number of staff reduction and laid off employees. In most companies there hast o be reason for said termination. Dismissal in those cases have tob e on grounds of personal capability (e.g. long illness), conduct of previous caution (e.g. theft ), and special operational reasons.
Legislator in Germany primarily protects employees and preserves jobs. Every single termination has to be justified in a proper manner. Even if there seems tob e a proper reason, there are formal hurdles to be respected.

From delivery of a cancellation time is running: There are three weeks to file the action at court (with some minor exceptions). Even if job is terminated to a longer period (e.g. three month), action has to be filed within three weeks.
Because of those hurdles, very often employers try to conclude an annulment contract. Those contracts lead to the end oft he employment.
If you receive such a proposal, there are some clauses who are to be looked at very carefully. In many cases those agreement content at least conditions being possible if a termination would have been succesful. Even worse conditions are contained in an increasing number of cases.
Often the clauses lead to a situation where you don‘ t receive unemployment money. In most cases 12 weeks, nearly three month. Those clauses have to be identified and changed.
Clauses being related to reference letters have to be worded in a proper manner. Best would be that you bring your own wording into the process of reference letter.
Termination and annulment contracts need to be in writing. If termination or annulment contract is sent via EMail or other electronic way, it does not come into any function.