Termination by mutual consent, severance pay

Questioner

In 1997, a wage agreement was concluded with a new employer. In August 2021, I will leave the company. It is now likely that after my promotion at this employer and the related salary increase, the additional salary due to the agreement has expired. They probably thought that he now has his old salary again due to the promotion. Is this reasoning of the employer correct? If not, can I still take action to have the salary that was not paid extra for all those years paid out via the severance payment?

Lawyer

If you intend to enter into a settlement agreement, this is indeed the time to also make an agreement about any outstanding wage claims. Due to the final discharge clause, these could otherwise lapse unexpectedly if not properly agreed. Moreover, seek legal advice before signing a settlement agreement. There is a limitation period of 5 years for wage claims. Do not forget to interrupt the limitation in the correct manner if necessary. From that moment on, a new limitation period will start.