Questions to ask before signing an Aufhebungsvertrag
How to examine the end date, severance, leave, reference and benefit implications in a proposed termination agreement.
An agreement is more than a severance figure
An Aufhebungsvertrag can end employment by mutual agreement. The document may combine an end date, payment, release from work, holiday treatment, bonus language, confidentiality, return of property and the wording or grade of a reference.
Read each clause as part of the whole arrangement. A payment that looks clear can be difficult to assess without understanding notice periods, tax treatment, unemployment-benefit consequences and which claims are being waived.
Build a question sheet
Ask why the proposed date was selected, whether salary and benefits continue until then, how remaining leave and overtime are handled, and what happens to variable compensation. Clarify whether release from duties is revocable and how outside earnings are treated.
Take benefit-related questions to the Agentur für Arbeit and legal questions to a German employment lawyer. Do not assume that an employer’s signing deadline is the same as a legal deadline, but do seek advice quickly.
Protect decision space
Avoid signing during an unexpected meeting merely to end discomfort. Request a copy and time to review it. Record any statements made about the reason for the offer. An individual legal review is especially important because signing can close off claims that might otherwise exist.