Can be stopped under employment
Termination of employment - which documents can you expect?
A Termination of Employment each of us has experienced it before. But it is certainly not an everyday situation and the breakup may not be entirely amicable, because after all, there is a good reason for it termination. Both parties, the employee as well as the employer, should prepare well to ensure that the employee leaves the company as professionally as possible. You can find out which documents you are entitled to when leaving a company in this blog.
Documents for the employee
Normally, company separations take place by means of ordinary dismissals. Different ideas about the future are usually the main reasons, without either party being guilty of anything serious. Depending on the length of service, notice periods of between one and seven months to the end of the month may have to be observed.
Employees as well as employers should show a certain professionalism here so that nothing stands in the way of a proper handover of the required documents.
These documents are particularly important for the employee, as he needs them for the further application process and the future employer.
Which documents are required?
- certificate of employment - Upon termination of employment, every employee in Germany has the right to a certificate of employment. A qualified one certificate of employment contains professional evaluations that can be decisive for your further work. A simple, unqualified certificate may be issued if the job only lasted for a short time.
- Certificate of employment - The Certificate of employment contains all the necessary information on the employment relationship and serves as evidence for the correct determination of the receipt of unemployment benefit.
- Work permit - If you do not have German citizenship, you need one to present to the employer, the immigration office and with the respective approval of the Employment Agency Work permit.
- Income tax certificate - Every outgoing employee has a printout of the electronic Income tax certificate to. The employer must also hand over the earnings certificates to the future former employee. The employment agency needs this to see your last income and to determine the corresponding unemployment benefit.
- Holiday certificate - Have your employer issue you a certificate stating the vacation that has already been granted or paid out. The new employer is entitled to one Holiday certificate to demand in order to avoid corresponding duplicate claims.
- Proof of social security - Have yours Social security card Originally presented to your employer when you hired, request this back. You are also entitled to the certificate of registration for social security.
- capital accumulation benefits - Be sure to have everything handed over to you that can serve as proof of retirement benefits or care for surviving dependents in the event of death. This also applies to them Asset-forming benefits.
- Health certificate - All employees from the food industry or gastronomy are obliged to prove their health by means of a health certificate. Unless a total change of industry is planned, the health certificate is required for the next employer. You are therefore entitled to be handed over.
- credentials - Above all, the work of so-called freelancers is often confirmed by clients or employers. These, especially in recent years, have become more fashionable credentials, are used by means of a personal note for the future client to be able to get an idea of the applicant.
Access to personnel files - good to know
In principle, employees have no right to have their own surrendered Personnel file. This can contain documents such as a warning, a severely disabled ID card or various evidence of further training, health insurance affiliation or even your own application documents. According to Section 18 of the Works Constitution Act, however, every employee has the right to inspect their own personnel files. There is also a retention period of at least three years, and for some tax-relevant documents even up to six years.
Is the employer responsible?
You cannot start a new position without the important and required documents. For this reason, the employer is obliged to hand over the documents drawn up with care in a timely manner. If he does not adhere to the guidelines, you can take legal action against your employer.
Even if the employer is not responsible, the documents must be made available by the last working day at the latest. Normally, however, the employee is in what is known as the debt to collect.
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