Aufhebungsvertrag — do not sign it in the meeting

A termination agreement ends your employment by mutual consent. It is usually handed over in a meeting, with a pen and a suggestion that you sign now. That suggestion is the part to be careful about.

The benefit problem

This is the consequence nobody mentions in the meeting. If you participate in ending your own employment, the employment agency will normally impose a blocking period (Sperrzeit) under § 159 SGB III — typically twelve weeks without unemployment benefit. Those weeks are also deducted from your total entitlement.

A blocking period can be avoided where there is good cause — for example where a lawful operational dismissal was imminent and the agreement meets certain conditions. Whether that applies depends on how the document is drafted. It is not a formality; it is the central question.

A second issue can arise alongside it: if severance is paid and the ordinary notice period is not observed, your entitlement may be suspended under § 158 SGB III on top of the blocking period.

What you give up by signing

• Protection against dismissal. There is no termination to challenge, so the three-week claim route disappears.
• Special protection. Pregnancy, parental leave, recognised disability, works council office — an agreement overrides all of it.
• Works council involvement. It does not apply to termination agreements.
• Any negotiating position. Once signed, there is nothing left to negotiate.

There is generally no right of withdrawal. Rescission is possible only in narrow circumstances, for instance where you were threatened with a dismissal that no reasonable employer could seriously have contemplated.

When signing is the right decision

A termination agreement is not a trap by nature. It is the right instrument where you want to leave anyway and receive something in return:

• You already have another position and want to start earlier
• The severance offered is well above what litigation would realistically produce
• A strong written reference is part of the deal
• You want to avoid a drawn-out dispute with an employer in a small industry
• The dismissal would be lawful anyway and you get more by agreeing

In those situations the question is not whether, but on what terms — and the terms are negotiable.

What I check

• End date — is the ordinary notice period observed?
• Stated reason — the wording travels all the way to the employment agency
• Severance — amount and payment date
• Reference — grade and closing paragraph, ideally attached as an annex
• Garden leave — revocable or irrevocable, and whether holiday is offset against it
• Holiday and overtime — expressly settled, or silently absorbed?
• Variable pay — bonuses, commission, profit share
• Post-contractual non-compete — does one exist, and is it released?
• Company property — car, phone, laptop
• Full and final settlement clause — which claims disappear with it
• Blocking period risk — the overall assessment

A review usually takes no more than a day.

Common questions

I already signed. Can I undo it?

Usually not. There is no statutory right of withdrawal, and rescission requires narrow grounds. This is precisely why review beforehand matters. If you have signed, send me the document anyway — some terms may still be open to correction.

They told me it is either this or a summary dismissal.

This happens frequently. Whether the threatened dismissal could lawfully have been issued is a separate question — and in some circumstances a ground for rescission. Do not sign anything in that situation before speaking to someone.

How long can I take to think about it?

There is no fixed period. Saying that you want the document reviewed is normal and usually accepted. A day or two is customary.

My residence permit depends on this job.

Then say so before anything is signed. I do not advise on immigration status, but the end date in the agreement is often negotiable, and that date may be significant for you. It is far easier to take into account beforehand than to fix afterwards.

General information only, not advice on an individual case. Last updated: August 2026.