Free · 5 minutes · § 1a KSchG + § 34 EStGFair
Free · 5 minutes · § 1a KSchG + § 34 EStG

Fair severance pay — calculate & negotiate

Determine your fair severance pay range, negotiation position and tax strategy — free, anonymous, in 5 minutes.

Standard severance in Germany is calculated under § 1a KSchG at 0.5 gross monthly salaries per year of service. This free calculator determines your severance range, negotiating position, and tax impact under § 34 EStG.

Important: Do not sign anything before you know your position.

§ 1a KSchG
Statutory severance formula
0.5×
Monthly salary per year of service
§ 34 EStG
Fünftelregelung (tax relief)
100%
Free calculation

3-level severance analysis

From calculation to tax strategy

1

Calculate fair range

Enter salary, tenure and situation. We calculate minimum to maximum under § 1a KSchG with leverage adjustment.

2

Negotiation position

We analyse social selection, special protection, works council consultation and determine your strength (WEAK / MEDIUM / STRONG) with a concrete counter-demand.

3

Optimise tax treatment

Comparison with and without Fünftelregelung (§ 34 EStG). Year-timing analysis. Net payout and effective tax rate.

Settlement agreement: Avoid the benefit suspension trap (§ 159 SGB III)

Agreeing to a settlement (Aufhebungsvertrag) may result in a 12-week benefit suspension on unemployment benefit and a reduction of the entitlement period by one quarter. Our calculator shows you how to negotiate a bridging payment or whether it may be more favourable to wait for a formal dismissal.

What the Severance Strategist analyses

Comprehensive analysis of all relevant factors

Fair severance range

Calculation under § 1a KSchG with leverage adjustment for your individual negotiation situation — minimum to maximum.

Negotiation leverage

Social selection errors, special dismissal protection, missing works council consultation: we show your leverage and the optimal counter-demand.

Tax optimisation

Comparison with and without Fünftelregelung (§ 34 EStG) incl. year-timing analysis. Potentially saving several thousand euros.

Benefit suspension warning

For settlement agreements: automatic warning about the 12-week benefit suspension (§ 159 SGB III) with concrete countermeasures.

Strategy playbook

Step-by-step guidance: what to consider, negotiation tips, and what to review before signing.

Detailed analysis

Full analysis with your severance data, calculation basis and legal information.

Legal basis

Last updated: April 2025
Official sources
  • § 1a KSchG — Standard severance pay
  • § 9/10 KSchG — Court-awarded severance
  • § 34 EStG — Fifth-rule tax benefit

This information was compiled based on current German legislation.

Frequently Asked Questions about Severance Pay

How is severance pay calculated?

The standard formula under § 1a KSchG is: 0.5 × monthly salary × years of service. This is only the starting point, however. In practice, severance pay is adjusted depending on company size, negotiating strength and legal weaknesses of the employer — the result often ranges from 0.5 to 1.5 times this base amount.

What is the Fünftelregelung and what does it achieve?

The Fünftelregelung (§ 34 EStG) allows severance pay to be taxed more favourably. In simplified terms: tax is calculated as if the severance were spread over 5 years — this significantly reduces the effective tax burden due to lower bracket progression. On a severance of €30,000, you could potentially save several thousand euros in tax.

What is the benefit suspension in a settlement agreement?

If you sign a settlement agreement (Aufhebungsvertrag), the Federal Employment Agency typically imposes a 12-week benefit suspension (§ 159 SGB III). You will receive no unemployment benefit during this period. The entitlement period is also reduced by one quarter. Always negotiate a bridging payment or wait for a formal dismissal.

What is social selection and why does it matter?

For operational dismissals, the employer must select among comparable employees based on social selection criteria (§ 1 para. 3 KSchG): those who joined most recently, are youngest or have fewer maintenance obligations are dismissed first. Errors in this process may make the dismissal challengeable — and are your strongest argument for a higher severance payment.

When should I consult a lawyer?

Always when your leverage position is STRONG, when you have special dismissal protection, or when the employer is pressuring you to sign immediately. Legal costs are typically offset by a higher severance payment. Free initial consultations are available through the German Bar Association (anwaltauskunft.de) or your union.

What does the calculation cost?

The full calculation including severance range, negotiation score, tax optimisation and strategy playbook is free.

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