Ask a lawyer on the topic of Labor law

Termination agreement during the probation period

October 25, 2009 | 25,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

First of all, I would like to explicitly request that my inquiry not be published.

At the request of my boss, the employment relationship will be terminated by mutual agreement 0.5 months after the end of the probation period. This was communicated to me 1.5 months in advance. I was offered to work for an additional month, which I declined. Why not just terminate the contract? What disadvantages does this have for me? My place of birth has a spelling mistake. Is the contract still valid?

The contract states: "With the termination of the employment relationship, all mutual claims are settled. Mr./Ms... confirms in particular that there are no longer any claims for payment of overtime and compensation for holiday entitlement."

We work overtime daily for about 3-6 hours without documentation and without payment. As compensation, we get xy days off per year. I do not insist on payment for overtime. I would like to take my remaining vacation days at the end. Does this extinguish my entitlement to them? I have written reports there. Payment for this service is made by the boss 4 times a year. I have not received this yet. Does my entitlement to this payment expire due to this contract?

Furthermore, my base salary was supposed to be increased three months ago, which has not happened yet. Does this contract extinguish my entitlement to this back payment?

Is it advisable to sign this contract or is termination better? Can I submit my own resignation now?

Best regards.

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into consideration the circumstances described and your efforts, as follows:

First of all, I must inform you that both the question and the answer will be published, but your data will remain anonymous. Therefore, no third party will be able to track that you asked this question.

You should not resign on your own. This would have significant disadvantages regarding a waiting period for unemployment benefits. The Employment Agency will then impose a corresponding waiting period.

If your boss does not want to terminate your contract, he can offer a termination agreement. However, you are not obligated to sign this. A contract is only valid when two parties agree. Your boss cannot force you to accept the contract.

The wordings you mentioned are essentially standard wordings that regularly appear in such termination agreements.

The incorrect spelling of the birthplace does not invalidate the contract.

"With the termination of the employment relationship, all mutual claims are settled. Mr./Ms... explicitly confirms that there are no longer any claims for payment of overtime and settlement of holiday entitlements."

Since you do not want to settle your holiday entitlements here, but rather want to take the remaining holiday or accumulated overtime, you should include a corresponding wording in the termination agreement. The clause above only regulates the settlement of holiday entitlements and does not prevent the rest.

A clause should also be included in the contract regarding the payment of outstanding salary claims.

With the necessary changes, the contract can be accepted. However, it is always recommended to have the contract reviewed by a lawyer.

If you fundamentally do not want to sign the contract, you should not do so. However, you should also not resign on your own. Your boss may need to terminate your contract. The outcome depends on the reason why the employment relationship is to be terminated.

Depending on the reason, it is to be decided whether the termination agreement or termination by the boss is more sensible.

Finally, I would like to point out that this platform cannot replace a comprehensive and personal legal consultation. The goal is solely to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal advice I provide is based exclusively on the facts you have provided. By adding or omitting relevant information in the context of describing your situation, a completely different legal assessment may result.

I hope I could give you an initial overview and that my explanations will help you. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am available for further assistance if you decide to hire me. I would credit the initial consultation fee in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, post, fax, and telephone, it is also possible to carry out the mandate.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de