Termination
"The company is bankrupt — what happens to you?"
Your training company is insolvent or closing.
§§ 165 ff. SGB III / § 22 BBiG
It depends …
Your pay is secured for three months — and the chamber helps you switch.
Insolvency does not automatically end your training relationship. Outstanding pay for the three months before insolvency proceedings open is paid by the employment agency as insolvency benefit (§§ 165 ff. SGB III) — you must apply within two months. If the company closes down completely, training may become impossible; then termination for good cause is conceivable. The IHK/HWK helps you find a new training company, and your previous training time is credited. If the company is sold, you usually transfer to the new owner.
What the law says
§ 165 SGB III – Insolvency benefit
Employees are entitled to insolvency benefit for the preceding three months of employment if they still have pay claims when insolvency occurs; trainees are included.
§ 324 (3) SGB III – Deadline
Insolvency benefit must be applied for within an exclusion period of two months after the insolvency event.
What you can do
- Inform the IHK/HWK immediately — they know about open training places.
- Apply for insolvency benefit within two months.
- Get an interim reference and confirmation of your training time so far.
- Do not sign a termination agreement without advice.
More cases: Termination
- One more time and you're out!
- You're getting a warning!
- Just sign here…
- A reference? You don't need that!
- During the probationary period you can be sacked any time.
- Late once → dismissal without notice!
- Sue if you like, you don't stand a chance.
- Passed? Keep working for now, the contract will come later.
- After the training you stay with us for two years — it's in the contract.
- You want to quit? It's not that easy.
- You're fired. — via WhatsApp
- Being kept on? You have no right to that.
- You're ill too often — we have to part ways.
- Pregnant during your training — that doesn't work here.
- We're extending your probation by three months.