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First steps after job loss

1. Overview

Losing a job—whether through termination, resignation, a mutual termination agreement, or during the probation period—is not only emotionally challenging but also a legally and organizationally complex situation. In Germany, social protection is governed by the Social Code Book III (SGB III), particularly through the services provided by the Federal Employment Agency (Bundesagentur für Arbeit, BA).

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2. First Steps After Termination or Suspension

2.1 Registration as a Job Seeker (at the latest three months before the end of employment)

As soon as you learn about the termination of your employment, you must register as a job seeker—no later than three months before the end of the employment relationship (§ 38 SGB III).
If you find out on shorter notice, a three-day deadline applies.

Ways to register:
• Online via www.arbeitsagentur.de/eservices
• In person or by phone at the relevant Employment Agency

Late registration results in a one-week waiting period.

2.2 Registration as Unemployed (on the first day of unemployment)

Registering as unemployed is a mandatory requirement to claim benefits.
It must be done:
• No later than the first day without employment
• In person or online using a digital ID

If the registration date falls on a weekend or public holiday, the next working day is sufficient.

2.3 Application for Unemployment Benefits

The application can be submitted online approximately two weeks before unemployment begins.
You will need:
• Employer’s certificate of employment (electronic)
• Proof of income, marital status, bank details, tax class

• If applicable, residence and work permit.
The certificate of employment is a mandatory document that the employer must issue once an employment relationship ends (§ 312 SGB III). The employer is legally obliged to provide the certificate upon request, which is often transmitted electronically via the BEA procedure of the Federal Employment Agency (BEA = electronic receipt of certificates).

It contains all relevant data needed by the Employment Agency to calculate entitlement to unemployment benefits — in particular:
• Duration of employment
• Reason for termination (dismissal, termination agreement, fixed-term contract, etc.)
• Amount of earnings over the last 12 months
• Compensation for unused vacation, special payments, severance payments
• Information on illness, parental leave, or release from duties

3. Legal Foundations and Variants

SituationSpecial FeaturesNotes
Ordinary termination by employerNotice periods according to § 622 BGB. Entitlement to unemployment benefits (ALG I) if other conditions are met.Consider filing a dismissal protection claim within 3 weeks.
Termination during probation periodShorter notice periods, but same registration obligations.No special rules for unemployment benefits.
Voluntary resignationUsually leads to a 12-week waiting period unless there is an important reason (e.g. bullying, health risk).Consult the Employment Agency beforehand.
Termination agreementUsually treated like voluntary resignation.Seek legal advice beforehand to avoid waiting periods.
Release from duties with continued salaryNo unemployment as long as salary is paid. ALG I starts after payments end.Vacation and severance payments may delay the start of benefits.

4. Entitlement to Unemployment Benefits I

4.1 Requirements

• At least 12 months of employment subject to social insurance contributions within the last 30 months (“qualifying period”)
• Registration as unemployed and availability for the labor market
• No waiting period or suspension period (e.g. due to severance payment or illness)


4.2 Amount
Unemployment benefits amount to:
• 60% of the standardized net income
• 67% if at least one child is taken into account

The calculation is based on the average gross salary of the last 12 months.


Calculation Basis

  1. First, the average gross salary from your last 12 months of payslips is determined.
    • The basis is the gross wages subject to social insurance contributions — i.e., the income for which you paid unemployment insurance contributions.
    • One-time payments such as holiday or Christmas bonuses are included proportionally.
  2. From this gross amount, the Federal Employment Agency deducts a flat 20% for social insurance contributions (pension, health, long-term care, and unemployment insurance), as well as fictitious income tax and solidarity surcharge. This results in the so-called benefit income — a fictitious monthly net amount used as the basis for calculation.
  3. A percentage — the benefit rate — is then applied to this benefit income.

Example Calculation

ItemAmount
Average gross salary€3,000
Flat deduction (social contributions + tax)– €1,000
Benefit income (flat net)€2,000
Unemployment benefit (60%)€1,200 / month
Unemployment benefit with child (67%)€1,340 / month

Unemployment benefits are calculated daily and paid monthly in arrears.
A full month is counted as 30 days, regardless of whether the month has 28, 30, or 31 days.

Changes in tax class or marital status can affect the benefit amount.
A change in tax class is only considered if it is purposeful (e.g., leads to lower joint tax deductions).

During the benefit period, you are covered by health, long-term care, pension, and accident insurance; contributions are paid by the Federal Employment Agency.

4.3 Duration
Depending on the length of employment and age, unemployment benefits can be received for between 6 and 24 months.

5. Differences by Nationality

CategoryEntitlement / ResponsibilitySpecial Notes
German citizensEntitled to ALG I if the qualifying period is met.Residence in Germany required.
EU/EEA citizens & Swiss nationalsTreated equally to German employees; employment periods from EU/EEA countries can be credited (U1 certificate).Application via the German Federal Employment Agency; possible transfer of entitlements from home country.
Third-country nationals with residence permitEntitlement only if employment is permitted and the residence permit remains valid.Residence permit can be extended under § 18d AufenthG if job search is intended.

6. Obligations After Registration

• Attend appointments and cooperate with the Employment Agency
• Document personal efforts (e.g. job applications)
• Ensure availability – daily reachability at the provided address
• Obtain prior approval for absences (vacation/travel)
• Immediately report changes (e.g. new job, illness, relocation) – via change notification or form GR 22
• Report illness – via electronically accessible medical certificate or paper proof (for private insurance)

7. Special Cases

Illness during unemployment
o Unemployment benefits continue for up to 6 weeks
o Afterwards, possible entitlement to sickness benefits

Secondary employment
o Allowed up to less than 15 hours per week
o Exemption limit: €165 per month
o Anything above reduces or ends entitlement

Severance payments and suspension periods
o Severance payments may delay the start of benefits if notice periods were not observed (§ 158 SGB III)
o A “suspension condition” also applies if salary or vacation compensation is still being received

8. Job Seekers Without Benefit Entitlement

Even without entitlement to benefits, you can still access the following services from the Employment Agency:
• Counseling, job placement, and job offers
• Secure pension contribution periods
• Apply for training programs (e.g. education voucher)

These services are free of charge.

9. Checklist: First Steps After Job Loss

Immediately after receiving notice
• Register as a job seeker within 3 days
• Legally review the termination (e.g. via lawyer or union)
• Secure documents from employer (employment contract, payslips, reference, certificate of employment)

By the last working day
• Prepare for unemployment registration
• Submit application for ALG I online or in person
• Check health insurance and tax data

After unemployment begins
• Register as unemployed (Day 1)
• Document personal efforts (e.g. 2 applications per week)

• Attend appointments with the Employment Agency
• Report secondary employment and any changes

Optional:
• Apply for training or coaching through the Employment Agency
• Apply for Bürgergeld if unemployment benefits (ALG I) are insufficient
• Check health insurance coverage
• Inform the pension insurance office about reported periods

10. Further Resources

• Register as unemployed and apply for ALG I
• Termination, severance, release from duties – guidance from the Federal Employment Agency
• BEMA – free legal advice for people with a migration background
• Welcome Center – Berlin.de – free, multilingual advice for internationals on all topics