Resign or be fired?

Questioner

I currently live in Germany as a cross-border worker and work as a civil servant in the Netherlands. Now I have to move to a city in Germany for my husband's new job, which is much further from the border, which means that I am no longer considered a cross-border worker and the question is whether and if so what consequences this would have for my work. I submitted this question and proposal to my manager in a timely manner, indicating that I still wanted to continue working and that I could still come to the office once a month, etc. They submitted this to an HR advisor who issued a negative recommendation. They indicated to me that as a result of this I had to choose between 2 'options': either the offer to continue working for another 6 months and then resign MYSELF. Or do nothing, but then they would send me a rejection letter, which would imply that I would be dismissed. The manager could not tell me exactly on what grounds or what that would mean, so I asked the higher manager and lawyer about this. I have not yet received an answer. They do not want to agree on mutual consent or VSO or anything like that and do not think along. I am forced to choose the first option, but I do not want to resign because that means no right to unemployment benefits. What is the best thing to do? Do nothing and wait until they fire me once. Are they allowed to do this and on what grounds?

Lawyer

Whether it is wise to resign yourself depends very much on your individual situation and the reasons why you are considering taking this step. It is advisable not to take this decision without seeking legal advice. Resigning yourself usually has consequences for your entitlement to any benefits. For example, if you submit your resignation yourself, you cannot claim unemployment benefits. This is because the law assumes that if you resign yourself, you are responsible for your unemployment. On the other hand, if you are dismissed, but not of your own accord, you are usually entitled to unemployment benefits. This is usually the case if you have signed a settlement agreement or if your employer has obtained a dismissal permit for you from the UWV or the subdistrict court. In addition, you may be entitled to a transition payment in the event of involuntary dismissal. Another important factor to consider is your future employment position. A resignation at your own request can be seen as a risk factor by potential employers, which could adversely affect your chances of finding new employment. Finally, you should remember that resigning yourself is usually an irrevocable decision. So make sure you are well informed and have taken all considerations into account before taking this step. All in all, there is no clear answer to this question and it is therefore strongly recommended that you seek advice from an employment lawyer or attorney before making a decision.