Transitional compensation and unemployment benefits: What to do?

Questioner

Hello, I reduced my weekly working hours by 21 hours in November 2019 for economic reasons. I'm currently receiving unemployment benefits and still work 13 hours a week for my previous employer. I'm still entitled to my transition payment, which I was supposed to receive in April, but due to the coronavirus pandemic, my employer was in dire financial straits. My question is, if I do receive the transition payment—€3,500 gross—will it be deducted from my unemployment benefits? I've heard stories that I'll have to use up that money first before receiving unemployment benefits again. Thank you in advance for your answer.

Questioner

The transition payment does not affect the amount of unemployment benefits. Please note that if you are entitled to unemployment benefits, for example, due to dismissal or the non-renewal of a temporary employment contract, you must claim the transition payment through the court within three months of the dismissal or expiration of the temporary employment contract if the employer has not paid the transition payment voluntarily. Otherwise, the transition payment expires after three months.

Questioner

Good morning, I still work for this employer on a permanent contract, just 21 hours less, hence the transition payment. When I was dismissed by mutual consent for those 21 hours, we agreed that if my employer opened a second store before May 1st, I would get my 34 hours back. If he didn't open a store, which also didn't happen due to the coronavirus, I would receive the transition payment. But I still haven't received it. Does the provision that it expires after three months also apply then?

Questioner

If the right to a transition payment is stipulated in a settlement agreement and it is not paid, you should, in principle, demand compliance with the settlement agreement. However, the precise answer to your question depends entirely on what is included in your settlement agreement, and I, of course, do not know that.