When companies want to part with an employee, they often consider the possibility of an amicable termination through a cancellation agreement instead of a dismissal. In many cases, a severance payment is made as compensation for the loss of the job. But what amount of severance offer is likely to make the employee agree to a termination so that a dismissal protection court case can be avoided?
Since there is no general statutory entitlement to severance pay under German law, the amount is a matter of negotiation. As a rule of thumb, an amount of 0.5 gross monthly salary per year of employment is often quoted. However, this is only a rough guideline.
Other factors may apply if the chances of success in the dismissal protection proceedings would be significantly higher for one of the parties than for the other, for example because
Our team of experts has been advising on employment law for many years and accompanies our clients from the initial assessment to the concrete, individual drafting of a severance agreement.
Would you like to make an initial assessment of the situation yourself? A specially developed severance calculator from Osborne Clarke Solutions (OC Services GmbH) which we provide to you free of charge will help you to do so.
This interactive tool takes into account the existence of the above-mentioned (and other) individual circumstances and enables you to quickly and realistically assess the appropriate severance amount. In addition, it provides recommendations on how to proceed if you are seeking a cancellation agreement to end the employment relationship. The offer is rounded off with background knowledge about terminations and severance pay.
Click here for the severance calculator.