{"id":145,"date":"2026-06-08T19:05:51","date_gmt":"2026-06-08T19:05:51","guid":{"rendered":"https:\/\/kaganlegal-germany.com\/?page_id=145"},"modified":"2026-06-14T21:22:16","modified_gmt":"2026-06-14T21:22:16","slug":"termination-agreement-blocking-period","status":"publish","type":"page","link":"https:\/\/kaganlegal-germany.com\/en\/insights\/guides\/termination-agreement-blocking-period\/","title":{"rendered":"Termination Agreement &#038; Blocking Period"},"content":{"rendered":"\n<main id=\"main-content\">\n\n\n    <section class=\"hero-meridian\" aria-labelledby=\"page-h1\">\n      <div class=\"hero-meridian__rings\" aria-hidden=\"true\"><\/div>\n      <div class=\"container hero-meridian__inner\">\n        <span class=\"hero-meridian__breadcrumb\"><a href=\"\/en\/\">Home<\/a> &middot; <a href=\"\/en\/insights\/guides\/\">Guides &amp; Resources<\/a> &middot; Termination Agreement &amp; Blocking Period<\/span>\n        <h1 class=\"hero-meridian__h1\" id=\"page-h1\">Termination Agreement and Unemployment-Benefit Blocking Period in Germany<\/h1>\n        <div class=\"hero-meridian__actions\">\n          <a href=\"\/en\/termination-agreement-germany\/\" class=\"btn btn-light btn-lg\">Termination agreement advisory<\/a>\n          <a href=\"\/en\/insights\/guides\/\" class=\"btn btn-ghost-light btn-lg\">Back: Guides &amp; Resources<\/a>\n        <\/div>\n      <\/div>\n    <\/section>\n\n    <div class=\"container\">\n      <aside class=\"summary-box\" aria-label=\"At a glance\">\n        <span class=\"summary-box__eyebrow\">At a glance<\/span>\n        <p class=\"summary-box__text\">A termination agreement (Aufhebungsvertrag) can trigger a blocking period under &sect;&nbsp;159 SGB III. The standard period for voluntarily causing unemployment is twelve weeks, but the statutory period may be reduced to six or three weeks in defined circumstances. The blocking period does not arise where the employee had an important reason (wichtiger Grund) for concluding the agreement. A principal practical constellation is a definite threat of an employer dismissal for operational or personal &mdash; but not conduct-related &mdash; reasons, where the agreement does not end the employment earlier than the threatened dismissal and the further requirements are met. There is no general statutory right to withdraw a signed termination agreement (BAG, 7 February 2019 &mdash; 6 AZR 75\/18). Since 1 January 2025, the &sect;&nbsp;34 EStG tariff reduction for severance is no longer applied through payroll withholding; it is considered in the annual income-tax assessment where the statutory conditions are met. As of June 2026.<\/p>\n      <\/aside>\n    <\/div>\n\n    <section class=\"service-body\" style=\"padding-block: 3rem 5rem;\">\n      <div class=\"container service-layout\">\n\n        <nav class=\"page-toc-sidebar\" aria-label=\"Page contents\">\n          <p class=\"page-toc-heading\">CONTENTS<\/p>\n          <ul class=\"page-toc-list\">\n            <li><a href=\"#what-is\">What is a termination agreement?<\/a><\/li>\n            <li><a href=\"#blocking\">The blocking period under \u00a7 159 SGB III<\/a><\/li>\n            <li><a href=\"#wichtiger-grund\">Important reason \u2014 when the blocking period does not apply<\/a><\/li>\n            <li><a href=\"#ba-practice\">Federal Employment Agency practice<\/a><\/li>\n            <li><a href=\"#no-withdrawal\">No general statutory right of withdrawal<\/a><\/li>\n            <li><a href=\"#severance\">Severance, dormancy, and tax<\/a><\/li>\n            <li><a href=\"#vs-dismissal\">Termination agreement vs. dismissal<\/a><\/li>\n            <li><a href=\"#executives\">Executives and director-level exits<\/a><\/li>\n            <li><a href=\"#employees\">For employees \u2014 what to check before signing<\/a><\/li>\n            <li><a href=\"#employers\">For employers \u2014 drafting and strategy<\/a><\/li>\n            <li><a href=\"#advisory\">How we advise<\/a><\/li>\n            <li><a href=\"#faq\">Frequently asked questions<\/a><\/li>\n          <\/ul>\n        <\/nav>\n\n        <div class=\"service-prose\">\n\n          <h2 id=\"what-is\">What is a Termination Agreement (Aufhebungsvertrag)?<\/h2>\n\n          <p>A termination agreement (Aufhebungsvertrag) is a written mutual agreement between employer and employee ending the employment relationship on a specified date. The agreement must be in written form under &sect;&nbsp;623 BGB; electronic form is expressly excluded, and an email, scanned signature or electronic-signature platform does not satisfy the statutory requirement.<\/p>\n\n          <p>For employers, the termination agreement provides planning certainty and avoids dismissal risks. For employees, it typically includes severance pay, agreed references, and an orderly separation &mdash; but carries the significant risk of a blocking period under unemployment benefit law. Because the employment ends by agreement, there is no dismissal to challenge through an ordinary K\u00fcndigungsschutzklage. The validity of the agreement may nevertheless be disputed on other legal grounds, and any additional employer dismissal must still be challenged within the applicable three-week period.<\/p>\n\n          <h2 id=\"blocking\">The Blocking Period under &sect;&nbsp;159 SGB III<\/h2>\n\n          <p>By concluding a termination agreement, the employee has brought about or contributed to the termination of the employment. The Federal Employment Agency (Bundesagentur f\u00fcr Arbeit) may therefore impose a blocking period (Sperrzeit) for voluntarily causing unemployment under &sect;&nbsp;159(1) sentence 2 no. 1 SGB III. The standard blocking period is <strong>twelve weeks<\/strong>. Under &sect;&nbsp;159(3) SGB III, the period may be reduced to six or three weeks in defined circumstances, including where the employment would have ended shortly in any event or where a full blocking period would cause particular hardship.<\/p>\n\n          <p>A twelve-week blocking period also reduces the remaining duration of the unemployment-benefit entitlement under &sect;&nbsp;148 SGB III by at least one quarter of the original entitlement duration.<\/p>\n\n          <p>Employees must also register as jobseekers in time &mdash; generally at least three months before the employment ends, or within three days of becoming aware of the end date where fewer than three months remain. A late registration can trigger a separate one-week blocking period even where the termination agreement itself does not lead to a twelve-week blocking period.<\/p>\n\n          <h2 id=\"wichtiger-grund\">Important Reason (Wichtiger Grund) &mdash; When the Blocking Period Does Not Apply<\/h2>\n\n          <p>A blocking period does not apply where the employee had an important reason (wichtiger Grund) for concluding the termination agreement. The Federal Employment Agency must investigate the relevant facts. The employee must, however, set out and substantiate facts relevant to the important reason where those facts lie within the employee&rsquo;s own sphere or knowledge.<\/p>\n\n          <p>A principal practical constellation is a definite threat of an employer dismissal for operational or personal &mdash; but not conduct-related &mdash; reasons, where the agreement does not end the employment earlier than the threatened dismissal would have and the further requirements are met. The BSG has recognised that an employee need not invariably wait for the employer to issue a threatened dismissal before accepting a severance agreement; whether an important reason exists nevertheless depends on the objectively verifiable circumstances at the time the agreement is concluded (BSG, 12 July 2006 &mdash; B 11a AL 47\/05 R).<\/p>\n\n          <p>Other important reasons may exist, for example where continued employment is objectively unreasonable for substantiated health reasons, or where the employee moves into another employment relationship under circumstances recognised by the case law and administrative guidance. Medical evidence, attempts to avoid unemployment and the concrete timing may be decisive. Not every new job offer, every retraining measure or every operational restructuring constitutes an important reason automatically.<\/p>\n\n          <p>The wording of the termination agreement can document the relevant circumstances, but it cannot create an important reason where the underlying facts do not support one. The Federal Employment Agency makes its own assessment and is not bound by a contractual statement that no blocking period should arise.<\/p>\n\n          <h2 id=\"ba-practice\">Federal Employment Agency Practice<\/h2>\n\n          <p>The Federal Employment Agency&rsquo;s administrative guidelines identify a particularly relevant case group. Where the employer has definitively indicated a forthcoming dismissal for operational or personal &mdash; not conduct-related &mdash; reasons, the dismissal would have become effective at the same or an earlier date, the employer&rsquo;s notice period is observed, the employee is not covered by absolute or special dismissal protection, and the severance does not exceed 0.5 months&rsquo; gross remuneration per year of service, the Agency currently does not additionally examine whether the threatened dismissal would have been legally effective.<\/p>\n\n          <p>This represents current administrative practice, not a statutory guarantee. Where the severance exceeds the 0.5-month benchmark, an important reason may still exist, but the legality of the threatened dismissal and the objective disadvantages avoided by the agreement generally require closer examination. A figure of 0.5 months&rsquo; gross remuneration per year of service is frequently used as a negotiation benchmark and corresponds to the statutory formula in the special &sect;&nbsp;1a KSchG procedure; it does not create a general entitlement or determine the appropriate severance in every case.<\/p>\n\n          <h2 id=\"no-withdrawal\">No General Statutory Right of Withdrawal<\/h2>\n\n          <p>There is no general statutory right to withdraw from a signed employment termination agreement under &sect;&nbsp;355 BGB. In BAG, judgment of 7 February 2019 &mdash; 6 AZR 75\/18, the Federal Labour Court rejected a general withdrawal right but recognised that an agreement may be ineffective where the employer culpably creates or exploits an unfair negotiation situation that seriously impairs the employee&rsquo;s freedom of decision.<\/p>\n\n          <p>An avoidance under &sect;&sect;&nbsp;119 or 123 BGB and a claim based on breach of the duty to negotiate fairly are legally distinct. The mere fact that the employer requires an immediate decision does not by itself establish a breach of that duty; the overall circumstances are decisive, including any exploitation of illness, psychological pressure, language difficulties, isolation or another recognisable weakness. Challenges based on incapacity, fraudulent misrepresentation, unlawful threat, illegality, immorality or a fundamental negotiation-fairness breach remain available in appropriate cases.<\/p>\n\n          <h2 id=\"severance\">Severance Pay, Dormancy Periods, and Tax<\/h2>\n\n          <p>A termination agreement does not by itself create a statutory severance entitlement. An entitlement may arise from a social plan, collective agreement, contract, &sect;&nbsp;1a KSchG or another specific basis. In practice, 0.5 months&rsquo; gross salary per year of employment is a common reference point but not a universal rule.<\/p>\n\n          <p>Two distinct consequences may arise alongside a blocking period. A dormancy period under &sect;&nbsp;158 SGB III applies where the employment ends before the expiry of the notice period the employer would have had to observe and the employee receives or is entitled to severance or a comparable termination payment; benefit remains dormant until the date on which the employment could ordinarily have ended, subject to the detailed statutory calculation rules. A separate dormancy period under &sect;&nbsp;157(2) SGB III may arise where payment in lieu of untaken holiday is received. A blocking period under &sect;&nbsp;159 and a dormancy period under &sect;&nbsp;158 may overlap; benefits are not paid while either ground remains in effect. Unlike a twelve-week blocking period, a dormancy period under &sect;&nbsp;158 does not itself reduce the overall duration of the entitlement.<\/p>\n\n          <p>A genuine severance payment compensating for the loss of future earnings due to termination is taxable but is generally not subject to social security contributions. Amounts that in substance settle accrued salary, bonus, holiday or overtime claims may remain subject to contributions. Since 1 January 2025, the &sect;&nbsp;34 EStG tariff reduction is no longer applied through payroll withholding; it is considered in the annual income-tax assessment where the statutory conditions are met, including the required concentration of income in one tax year. Payment timing, instalments and other income can affect whether the requirements are met; individual circumstances should be assessed with a tax adviser.<\/p>\n\n          <h2 id=\"vs-dismissal\">Termination Agreement vs. Dismissal<\/h2>\n\n          <p>An employer dismissal does not normally constitute a voluntary termination by the employee. A blocking period may nevertheless arise where the employee intentionally or through gross negligence caused the dismissal through conduct in breach of the employment contract. Where the general dismissal protection under the KSchG applies, the employer must be able to justify the dismissal on operational, personal or conduct-related grounds; the KSchG generally requires more than six months&rsquo; service and an establishment regularly employing more than ten employees, subject to the statutory counting and transitional rules. An employee wishing to challenge a dismissal must generally file a claim within three weeks of receiving the written dismissal under &sect;&nbsp;4 KSchG; if the deadline is missed, the dismissal is generally deemed effective under &sect;&nbsp;7 KSchG.<\/p>\n\n          <p>In favour of a termination agreement: planning certainty, no unfair dismissal risk, mutually agreed terms on severance, references and transition. Against it for the employee: the blocking period risk, no statutory withdrawal right, and possible dormancy of unemployment benefit. Where a dismissal is seriously threatened, the facts genuinely support the important-reason analysis and the agreement is well structured, a negotiated exit may be preferable to litigation &mdash; but only if the blocking period risk is properly addressed.<\/p>\n\n          <h2 id=\"executives\">Executives and Director-Level Exits<\/h2>\n\n          <p>Acting managing directors of a GmbH are generally excluded from the personal scope of the KSchG under &sect;&nbsp;14(1) KSchG. Senior employees who remain employees but have independent authority to hire or dismiss are subject to the special dissolution rule in &sect;&nbsp;14(2) KSchG. Not all senior executives are excluded from employment protection. For managing directors, the blocking-period question may be preceded by a status issue: shareholder control and the actual corporate structure can determine whether the director was subject to unemployment insurance at all.<\/p>\n\n          <p>A termination agreement concerning the service relationship does not automatically resolve the corporate appointment; the necessary shareholder and commercial-register steps must also be taken. Managing-director exits require separate classification of corporate removal, service-agreement termination, severance, bonus and equity treatment, non-compete obligations, post-contractual duties, directors&rsquo; liability, and &mdash; where applicable &mdash; unemployment-insurance status and immigration consequences.<\/p>\n\n          <h2 id=\"employees\">For Employees &mdash; What to Check Before Signing<\/h2>\n\n          <p>Before signing a termination agreement, employees should verify: whether the proposed end date observes the applicable notice period to avoid a dormancy risk under &sect;&nbsp;158; whether the important reason can be substantiated to avoid a blocking period; whether the severance amount and its tax treatment are appropriate; whether the reference text has been agreed; whether equity, bonus, holiday, overtime or benefit entitlements have been addressed; whether the jobseeker registration date is planned; whether garden leave is revocable or irrevocable; whether company car, insurance and pension benefits continue during any release period; and &mdash; for non-EU employees &mdash; whether the immigration and unemployment-insurance consequences have been assessed before signing.<\/p>\n\n          <h2 id=\"employers\">For Employers &mdash; Drafting and Strategy<\/h2>\n\n          <p>Where a dismissal is genuinely intended, the agreement may accurately document its actual reason, the intended dismissal date, the applicable notice period and the severance arrangement. The agreement should not contain artificial or inaccurate statements designed solely to influence the Federal Employment Agency. Neither the employer nor the agreement can guarantee that the Agency will refrain from imposing a blocking period. A contractual indemnity clause may be considered separately but requires careful drafting and does not bind the Agency. The agreement may recommend that the employee obtain independent advice on unemployment benefits, tax, pensions and immigration; whether the employer owes specific information in an individual case depends on the circumstances.<\/p>\n\n          <h2 id=\"advisory\">How We Advise<\/h2>\n\n          <p>We advise employers or employees on termination agreements and their employment, social-security and immigration interfaces &mdash; never parties with conflicting interests in the same matter. Legal advice is available in German and English.<\/p>\n\n          <p>For detailed advisory, see our <a href=\"\/en\/termination-agreement-germany\/\">Termination Agreement service page<\/a> and our <a href=\"\/en\/severance-pay-germany\/\">Severance Pay service page<\/a>.<\/p>\n\n          <p class=\"anwalt-hinweis\">Advice is provided by <a href=\"\/en\/firm\/alexander-kagan\/\">Alexander Kagan<\/a>, admitted as a German Rechtsanwalt and a member of the Hanseatic Bar Association Hamburg (Hanseatische Rechtsanwaltskammer Hamburg). The content of this guide is general information only and does not constitute legal advice. Last updated: June 2026.<\/p>\n\n          <h2 id=\"faq\">Frequently Asked Questions<\/h2>\n\n          <div class=\"faq-block\" itemscope itemtype=\"https:\/\/schema.org\/FAQPage\">\n\n            <div class=\"faq-item\" itemscope itemprop=\"mainEntity\" itemtype=\"https:\/\/schema.org\/Question\">\n              <h3 class=\"faq-question\" itemprop=\"name\">What is the blocking period (Sperrzeit) in a German termination agreement?<\/h3>\n              <div class=\"faq-answer\" itemscope itemprop=\"acceptedAnswer\" itemtype=\"https:\/\/schema.org\/Answer\">\n                <div itemprop=\"text\">\n                  <p>A termination agreement can trigger a blocking period for voluntarily causing unemployment under &sect;&nbsp;159 SGB III. The standard period is twelve weeks, but statutory reductions to six or three weeks may apply in defined circumstances. A twelve-week blocking period also reduces the entitlement duration by at least one quarter under &sect;&nbsp;148 SGB III. A separate dormancy period may arise under &sect;&nbsp;158 where severance is paid and the employer&rsquo;s notice period is not observed; the two periods may overlap.<\/p>\n                <\/div>\n              <\/div>\n            <\/div>\n\n            <div class=\"faq-item\" itemscope itemprop=\"mainEntity\" itemtype=\"https:\/\/schema.org\/Question\">\n              <h3 class=\"faq-question\" itemprop=\"name\">How can the blocking period be avoided?<\/h3>\n              <div class=\"faq-answer\" itemscope itemprop=\"acceptedAnswer\" itemtype=\"https:\/\/schema.org\/Answer\">\n                <div itemprop=\"text\">\n                  <p>A blocking period may be avoided where the employee had an objectively verifiable important reason. A principal practical case is a definite threat of dismissal for operational or personal reasons, observance of the employer&rsquo;s notice period and fulfilment of the further requirements applied by the Federal Employment Agency. The agreement can document these facts but cannot manufacture them or bind the Agency. Where the severance exceeds the 0.5-month benchmark, closer examination of the circumstances is generally required.<\/p>\n                <\/div>\n              <\/div>\n            <\/div>\n\n            <div class=\"faq-item\" itemscope itemprop=\"mainEntity\" itemtype=\"https:\/\/schema.org\/Question\">\n              <h3 class=\"faq-question\" itemprop=\"name\">Can I withdraw from a signed termination agreement?<\/h3>\n              <div class=\"faq-answer\" itemscope itemprop=\"acceptedAnswer\" itemtype=\"https:\/\/schema.org\/Answer\">\n                <div itemprop=\"text\">\n                  <p>There is no general statutory right to withdraw from a signed termination agreement. It may nevertheless be invalid or challengeable in exceptional cases, including incapacity, fraudulent misrepresentation, unlawful threat or a serious breach of the duty to negotiate fairly under BAG, 7 February 2019 &mdash; 6 AZR 75\/18. Mere regret, ordinary negotiation pressure or the requirement to decide quickly does not automatically invalidate the agreement.<\/p>\n                <\/div>\n              <\/div>\n            <\/div>\n\n            <div class=\"faq-item\" itemscope itemprop=\"mainEntity\" itemtype=\"https:\/\/schema.org\/Question\">\n              <h3 class=\"faq-question\" itemprop=\"name\">How much severance pay am I entitled to?<\/h3>\n              <div class=\"faq-answer\" itemscope itemprop=\"acceptedAnswer\" itemtype=\"https:\/\/schema.org\/Answer\">\n                <div itemprop=\"text\">\n                  <p>A termination agreement does not itself create a general statutory severance entitlement. An entitlement may arise from a social plan, collective agreement, contract, &sect;&nbsp;1a KSchG or another specific basis. The frequently used figure of 0.5 months&rsquo; gross remuneration per year of service is a reference point, not a universal rule; the actual amount depends on negotiation, length of service, salary, special protection status and the prospects of an unfair dismissal claim.<\/p>\n                <\/div>\n              <\/div>\n            <\/div>\n\n            <div class=\"faq-item\" itemscope itemprop=\"mainEntity\" itemtype=\"https:\/\/schema.org\/Question\">\n              <h3 class=\"faq-question\" itemprop=\"name\">What are the tax and social-security consequences of severance pay?<\/h3>\n              <div class=\"faq-answer\" itemscope itemprop=\"acceptedAnswer\" itemtype=\"https:\/\/schema.org\/Answer\">\n                <div itemprop=\"text\">\n                  <p>A genuine severance payment for the loss of employment is taxable but is generally not subject to social-security contributions. Amounts that in substance settle accrued salary, bonus or holiday claims may remain subject to contributions. Since 2025, the &sect;&nbsp;34 EStG tariff reduction is no longer applied through payroll withholding; it is considered in the annual income-tax assessment where the statutory conditions, including the required concentration of income, are met. Individual circumstances should be assessed with a tax adviser.<\/p>\n                <\/div>\n              <\/div>\n            <\/div>\n\n            <div class=\"faq-item\" itemscope itemprop=\"mainEntity\" itemtype=\"https:\/\/schema.org\/Question\">\n              <h3 class=\"faq-question\" itemprop=\"name\">What happens to my residence permit if I sign a termination agreement?<\/h3>\n              <div class=\"faq-answer\" itemscope itemprop=\"acceptedAnswer\" itemtype=\"https:\/\/schema.org\/Answer\">\n                <div itemprop=\"text\">\n                  <p>For third-country nationals, termination may affect an employment-related residence title, but the consequence depends on the specific title and circumstances. The remaining residence rights, notification duties, available job-search period and possible change to another title should be assessed before the agreement is signed.<\/p>\n                <\/div>\n              <\/div>\n            <\/div>\n\n          <\/div>\n\n          <p class=\"page-disclaimer\">The content of this guide is for general information only and does not constitute legal advice. As of June 2026.<\/p>\n\n        <\/div>\n      <\/div>\n    <\/section>\n\n    <section class=\"section-author\">\n      <div class=\"container\" style=\"max-width:720px;\">\n        <div class=\"author-box\">\n          <img decoding=\"async\" src=\"\/wp-content\/themes\/kagan-theme\/assets\/images\/alexander-kagan-portrait-avatar.jpg\" alt=\"Alexander Kagan, lawyer\" class=\"author-box-photo\" width=\"56\" height=\"56\" loading=\"lazy\">\n          <div class=\"author-box-text\">\n            <span class=\"author-box-name\">Alexander Kagan<\/span>\n            <span class=\"author-box-role\">Rechtsanwalt<\/span>\n            <div class=\"author-box-meta\">\n              <time datetime=\"2026-06-10\">Last updated &middot; June 2026<\/time>\n            <\/div>\n          <\/div>\n        <\/div>\n      <\/div>\n    <\/section>\n\n    <section class=\"section-cta\" aria-labelledby=\"guide-cta\">\n      <div class=\"container cta-inner\">\n        <div class=\"section-label section-label--center\">Legal Advice<\/div>\n        <h2 class=\"cta-heading\" id=\"guide-cta\">Questions about a termination agreement?<\/h2>\n        <p class=\"cta-body\">This guide provides general information. For advice on your specific situation &mdash; before signing, during negotiation, or on the blocking-period risk &mdash; please contact us directly.<\/p>\n        <div class=\"cta-actions\">\n          <a href=\"\/en\/termination-agreement-germany\/\" class=\"btn btn-primary btn-lg\">Termination agreement advisory<\/a>\n          <a href=\"\/en\/contact\/\" class=\"btn btn-ghost btn-lg\">Contact us<\/a>\n        <\/div>\n        <p class=\"cta-notice\">Please do not send confidential original documents before a mandate has been confirmed.<\/p>\n      <\/div>\n    <\/section>\n\n  \n<\/main>\n\n\n\n<script type=\"application\/ld+json\">\n{\n  \"@context\": \"https:\/\/schema.org\",\n  \"@graph\": [\n    {\n      \"@type\": \"Article\",\n      \"@id\": \"https:\/\/kaganlegal-germany.com\/en\/insights\/guides\/termination-agreement-blocking-period\/#article\",\n      \"headline\": \"Termination Agreement and Unemployment-Benefit Blocking Period in Germany\",\n      \"description\": \"Termination agreement (Aufhebungsvertrag) and unemployment blocking period (Sperrzeit) under \u00a7 159 SGB III \u2014 when, why, how to avoid. 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The standard period is twelve weeks, reducible to six or three weeks in defined circumstances. A twelve-week blocking period also reduces the entitlement duration by at least one quarter. A separate dormancy period may arise under \u00a7 158 where severance is paid and the employer's notice period is not observed.\"\n          }\n        },\n        {\n          \"@type\": \"Question\",\n          \"name\": \"How can the blocking period be avoided in a German termination agreement?\",\n          \"acceptedAnswer\": {\n            \"@type\": \"Answer\",\n            \"text\": \"A blocking period may be avoided where the employee had an objectively verifiable important reason \u2014 principally a definite threat of dismissal for operational or personal reasons, observance of the employer's notice period and fulfilment of the Federal Employment Agency's further requirements. The agreement can document but not manufacture these facts.\"\n          }\n        },\n        {\n          \"@type\": \"Question\",\n          \"name\": \"Can I withdraw from a signed German termination agreement?\",\n          \"acceptedAnswer\": {\n            \"@type\": \"Answer\",\n            \"text\": \"There is no general statutory right to withdraw. The agreement may be challengeable in exceptional cases including fraudulent misrepresentation, unlawful threat or a serious breach of the duty to negotiate fairly (BAG, 7 February 2019 \u2014 6 AZR 75\/18). Ordinary time pressure alone does not suffice.\"\n          }\n        },\n        {\n          \"@type\": \"Question\",\n          \"name\": \"What are the tax consequences of severance pay in Germany?\",\n          \"acceptedAnswer\": {\n            \"@type\": \"Answer\",\n            \"text\": \"A genuine severance payment is taxable but generally not subject to social-security contributions. Since 2025, the \u00a7 34 EStG tariff reduction is no longer applied through payroll withholding but is considered in the annual income-tax assessment where the statutory conditions are met.\"\n          }\n        }\n      ]\n    },\n    {\n      \"@type\": \"BreadcrumbList\",\n      \"@id\": \"https:\/\/kaganlegal-germany.com\/en\/insights\/guides\/termination-agreement-blocking-period\/#breadcrumb\",\n      \"itemListElement\": [\n        { \"@type\": \"ListItem\", \"position\": 1, \"name\": \"Home\", \"item\": \"https:\/\/kaganlegal-germany.com\/en\/\" },\n        { \"@type\": \"ListItem\", \"position\": 2, \"name\": \"Guides & Resources\", \"item\": \"https:\/\/kaganlegal-germany.com\/en\/insights\/guides\/\" },\n        { \"@type\": \"ListItem\", \"position\": 3, \"name\": \"Termination Agreement & Blocking Period\", \"item\": \"https:\/\/kaganlegal-germany.com\/en\/insights\/guides\/termination-agreement-blocking-period\/\" }\n      ]\n    }\n  ]\n}\n  <\/script>\n","protected":false},"excerpt":{"rendered":"<p>Home &middot; Guides &amp; Resources &middot; Termination Agreement &amp; Blocking Period Termination Agreement and Unemployment-Benefit Blocking Period in Germany Termination agreement advisory Back: Guides &amp; Resources At a glance A termination agreement (Aufhebungsvertrag) can trigger a blocking period under &sect;&nbsp;159 SGB III. The standard period for voluntarily causing unemployment is twelve weeks, but the statutory [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":140,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-leistung","meta":{"footnotes":""},"class_list":["post-145","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/kaganlegal-germany.com\/en\/wp-json\/wp\/v2\/pages\/145","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kaganlegal-germany.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/kaganlegal-germany.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/kaganlegal-germany.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kaganlegal-germany.com\/en\/wp-json\/wp\/v2\/comments?post=145"}],"version-history":[{"count":0,"href":"https:\/\/kaganlegal-germany.com\/en\/wp-json\/wp\/v2\/pages\/145\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/kaganlegal-germany.com\/en\/wp-json\/wp\/v2\/pages\/140"}],"wp:attachment":[{"href":"https:\/\/kaganlegal-germany.com\/en\/wp-json\/wp\/v2\/media?parent=145"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}