Definition
Anyone who becomes unemployed as a result of their own actions – for example, by resigning or entering into a mutual termination agreement – risks a waiting period of up to twelve weeks before receiving unemployment benefit. During this period, entitlement is suspended and the total duration of unemployment benefit is reduced. A waiting period can be avoided if there was a valid reason – such as the threat of redundancy or unreasonable working conditions. This reason must be clearly explained to the Jobcentre and, where possible, supported by evidence.
Specialist solicitor in employment law
Over 15 years’ experience in employment law
Classification under employment law
Anyone who becomes unemployed through their own fault – for example, by resigning or entering into a termination agreement – risks a waiting period of up to 12 weeks before receiving unemployment benefit (Section 159 SGB III). During this period, entitlement to ALG I is suspended.
Distinction from related terms
Unemployment benefit: The waiting period results in the entitlement to unemployment benefit being suspended for a specific period. Unemployment benefit itself is the underlying benefit.
Termination agreement: Entering into a termination agreement may trigger a waiting period if this is what caused the unemployment in the first place. The waiting period is therefore a possible consequence, not an integral part of the agreement.
Practical tip
A waiting period can be avoided if there was a valid reason for resigning or entering into a mutual termination agreement – for example, the threat of redundancy, an unacceptable working environment or a long commute. However, this reason must be substantiated and verifiably presented to the agency.
