I know that everyone says do not resign and go and see a doctor but for those who have resigned there seems to be the following misunderstood problem:
1) if you resign and wish to go on the RAV and have a large salary > 120K and are single you will be penalised 60 days PLUS 20 days so a total of 80 days which means four months penalty and therefore payment not before five months since your last paycheck
I wasn't aware that it was generally misunderstood. 20 days is the standard waiting time for high salaries. The 60 days extra waiting time is the punishment for resigning. If you quit your job I think it's fine that you should have this extra time to look for another one. Pretty much always better financially to get fired somehow.
Thanks. Possibly as additional clarification - 20 days penalty for high earners happens if you are fired and/or if you resign. Additional 60 days will be added on top in case you resign. So, in any case, 20 days penalty generally applies for high earners.
Well it *is* a 60 day penalty plus the usual prescribed "waiting days". The waiting days depends on your salary. The more you earn the longer they think you can wait. The 20 days is not a penalty - the 60 days is. But semantics aside yes you're right it can be 80 days total to wait if you resign from a high paying job.
As long as you get a letter that states that they are terminating the contract, not you, and that it is not because of gross misconduct of some kind...
I'm not so sure on this. Mutual termination is usually in the case of termination different to the prescribed requirements such as a reduced notice period. If the employer only wants to give you one month notice or one day notice when it should have been three and you agree to it why should the RAV/Arbeitlosenkasse pay for that?
I was warned very strongly about agreeing to any mutual termination. I can't picture why a mutual termination would be necessary if it otherwise follows all the rules of notice period etc.
The RAV can use their judgement when it comes to penalty time - it doesn't always have to be 60 days.
In my experience, termination by mutual agreement, normally follows standard notice period. It is just semantics which is then also used in Zeugnis. It guarantees civilized end to a relationship where everyone is happy and RAV treats it as termination by employer.
Also, it's not RAV (unemployment office) who decide whether to pay or not - it's the ALK (Arbeitlossenkasse - insurance fund) - in my case, I suspect ALK were planning not to pay....I waited 8 months (with RAV support and durign the worst part of COVID) to get a determination - no money at all from ALK....
They cleared everything up the week I started my new job..... and paid in full....after 8 months of paying nothing..... basically because they had to settle the account for RAV to end my agreement and move on....
So..... I cannot say my experience was good - and I would certainly NOT recommend quitting...
If you are sick/burnt out/struggling - then it is much better to talk to your doctor and get some sick leave....or take holidays.... and use that time to re-evaluate and find a new job....
To be eligible for RAV/ ALK financial support, the job-seeker needs to be placeable (vermittelbar). If the doctor has determined that the job-seeker is unable to work, the job-seeker would not be eligible for RAV/ ALK financial support.
It would likely be better to be placed on sick leave while still employed, which might allow the employee to be placed on short-term disability/ daily allowance insurance, assuming the employer offers it.