If you are dismissed, resign, or sign a termination agreement, unemployment benefits often do not start immediately. The reason is a statutory blocking period. During this time, no benefits are paid, and the total entitlement is reduced. Whether a blocking period is lawful depends on two questions: Did the employee cause their unemployment? And was there no good cause for doing so? This guide explains when a blocking period applies, how long it lasts, and how affected individuals can challenge it.
Key takeaways
- A blocking period applies only if the unemployed person caused their unemployment and had no good cause for doing so.
- Common triggers are voluntary resignation, termination agreements, and dismissals for misconduct.
- No blocking period applies after business-related or health-related dismissals.
- A good cause exists if continuing the employment was unreasonable, for example due to harassment, discrimination, health risks, or urgent family care duties.
- A blocking period delays benefit payments and permanently reduces the total benefit entitlement.
- Blocking periods are not final and can be challenged by objection and court action.
Contents
Blocking periods after termination
Once a termination has been received, employees must register as job-seeking with the Employment Agency. After the last day of work, they must additionally register as unemployed no later than their first day without employment. If the employee violates insurance rules and causes their own unemployment without good cause, the agency can still impose a blocking period, provided the employee meets the other eligibility requirements. The legal basis is section 159 of the German Social Code III (SGB III). A common mistake is assuming that registration can wait until the last working day. Missing the job-seeker registration deadline alone can trigger a blocking period, even if the termination itself was not the employee’s fault.
Requirement 1: Benefit-disqualifying conduct
A blocking period may be imposed if your own actions have caused your unemployment. In this case, this is referred to as benefit-disqualifying conduct (“Versicherungswidriges Verhalten”).
Quick self-check: Could a blocking period apply?
A blocking period may apply if you can answer “yes” to any of the following:
- Did you resign without having a new job in place?
- Did you sign a termination or settlement agreement?
- Were you dismissed due to misconduct?
- Did you miss your job-seeker registration deadline?
- Did you skip appointments or assessments at the Employment Agency?
Tip: Answer these questions honestly. If you answer “yes” to at least one, you should check early whether a blocking period could apply and gather evidence to support a valid reason if needed.
Voluntary resignation
When an employee resigns without having a new employment contract in place, they cause their own unemployment. The same applies when the employee signs a termination agreement. In both situations, the employee actively triggers the loss of their employment.
Misconduct leading to dismissal
A dismissal for behavioural reasons is treated as benefit-disqualifying conduct. The agency assumes that the employee violated contractual duties and therefore caused the unemployment.
Examples include repeated unexcused lateness, refusal to work, verbal abuse, violations of workplace rules, or harassment of colleagues. A summary dismissal may be based on serious breaches such as fraud, forgery of medical certificates, theft, or unlawful use of company data.
No benefit-disqualifying conduct
No blocking period is imposed when the employment ends due to:
- a business-related dismissal
- a health-related dismissal
- a personal dismissal without fault, for example, loss of a work permit without personal responsibility
No contractual misconduct:
- in the case of a business-related dismissal (betriebsbedingte Kündigung). In this situation, no blocking period is imposed.
- in the case of a health-related dismissal (krankheitsbedingte Kündigung). Here, too, no blocking period applies.
- in the case of a personal dismissal (personenbedingte Kündigung). A blocking period may only be imposed in exceptional cases.
Examples for confirmed blocking periods often include professional drivers losing their licences due to traffic offences:
- Example 1: Blocking period confirmed: A bus driver drove his private car with a blood alcohol level of 1.95‰, and the police stopped him. They confiscated his driving licence and fined him for negligent drunk driving. The employer terminated his employment. The agency imposed a blocking period on the grounds of contractual misconduct.
- Example 2: Blocking period lifted: The employee was a truck driver who had already committed multiple traffic offences before the employment began. During a private trip, he used his mobile phone while driving and received a fine, one penalty point, and a six-month driving ban. The employer then terminated the employment. The Higher Social Court lifted the blocking period because such a period is only justified if the contractual misconduct caused the loss of the job. In this case, it was not the mobile phone offence that led to the termination, but the pre-existing accumulation of penalty points and the driving ban.
Missed job-seeker registration
Failure to register as job-seeking within the statutory deadlines is one of the most frequent triggers for a blocking period. Employees must register no later than three months before the end of the contract. If they learn of the termination later, they must register within three days after gaining knowledge.
Missed an appointment with the agency
Failing to attend required appointments, assessments, or counselling sessions may also result in a blocking period.
Other possible triggers
- refusing a suitable job offer
- rejecting an approved reintegration or training measure
- insufficient efforts to apply for jobs
Requirement 2: No “reasonable cause”
A blocking period is only lawful if the employee did not have a “good cause” for their action. A good cause exists when the continuation of the employment was not reasonable after weighing all personal and workplace circumstances. Examples include
- harassment
- discrimination
- serious health risks
- justified expectation of imminent termination
- or urgent family care duties.
More examples are discussed in the section on termination agreements in a separate article.
In practice, the burden of proof lies with the unemployed person. They must plausibly explain and, where possible, document why continuation of the employment was unreasonable (e.g. medical certificates, written complaints, witness statements, or correspondence with the employer).
Consequences of a blocking period
A blocking period produces two effects. First, the agency does not pay unemployment benefits during the blocking period. Second, the agency reduces the total benefit entitlement by at least the same length.
Example: An employee is entitled to 18 months of benefits and resigns without good cause. The agency applies a 12-week blocking period. The employee not only loses 12 weeks of payments but also loses one quarter of the total entitlement. The agency reduces the benefit duration to 13.5 months.
Duration of the blocking period
Blocking periods range from one to twelve weeks, depending on the reason.
| Reason | Duration | Examples |
| Voluntary resignation, termination agreement, dismissal for misconduct | 12 weeks | resignation without new job, behavioural dismissal, summary dismissal |
| Refusal of a suitable job offer | 3, 6, or 12 weeks | depends on first, second, or further refusal |
| Refusal or termination of a re-integration or training measure | 3, 6, or 12 weeks | not attending required training or programme |
| Insufficient job-seeking efforts | 2 weeks | no applications or job search |
| Missed appointment with the agency | 1 week | absence from required meeting |
| Late job-seeker registration | 1 week | missed registration deadline |
What to do if a waiting period is imposed
If the Employment Agency imposes a blocking period, the employee can file a written objection within one month. When the objection is successful, the agency must lift or amend the decision. However, if it is rejected, a formal objection notice will be issued. The affected person can then file a claim with the Social Court. Legal representation is not mandatory but strongly recommended.
A sample objection letter is available for download in the full version of this guide.
Frequently asked questions (FAQ)
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