Author
No results available
On 26 October 2026, Microsoft announced a new “Voluntary Exit Offer” to roughly 60,000 employees – about a quarter of its global workforce, including some executives. The offer covers the U.S., Canada, the U.K. and India. Germany is not on the list.
That does not make the news irrelevant for Microsoft’s workforce in Germany. Microsoft has said it wants to make voluntary exits a regular part of how it manages its headcount. Layoffs also remain on the table. Employees in Germany should therefore know how a comparable offer would work under German law – and why its value here depends far more on their legal position than on the company’s “standard severance”.
This article explains the key facts, what changes if such an offer reaches Germany, and what employees should check before signing anything.
According to GeekWire, the main terms are:
|
Aspect |
Voluntary Exit Offer (October 2026) |
|
Eligible employees |
About 60,000 in participating teams |
|
Countries |
U.S., Canada, U.K., India |
|
Seniority |
Up to level 70 (general managers, some vice presidents; not corporate vice presidents) |
|
Age / tenure / performance |
No requirement; performance is not a factor |
|
Participation |
Decided by business leaders; sales and some engineering and corporate functions excluded |
|
Package |
Equivalent to Microsoft’s standard severance: base pay by tenure and level, continued stock vesting, healthcare for a fixed period, career transition services |
|
Deadline |
First week of December 2026 |
The offer follows Microsoft’s first-ever voluntary retirement program in spring 2026. That program was limited to U.S. employees whose age plus years of service reached a threshold; about 30% of some 8,750 eligible employees accepted. Microsoft also cut 4,800 jobs in July 2026 and stated that layoffs will remain part of its approach.
No – not at present. Employees of Microsoft Deutschland GmbH are not covered, and they have no claim to receive a comparable offer.
There are good reasons why a U.S.-style buyout cannot simply be rolled out in Germany:
If Microsoft extends the concept to Germany, it will most likely take the form of a negotiated voluntary leaver program (Freiwilligenprogramm). Past German restructurings at Microsoft offered a useful benchmark: in 2017, Microsoft Deutschland reportedly offered up to 2.2 monthly salaries per year of service to employees who agreed to leave.
German law gives employees no general statutory right to severance. What an employee can negotiate depends on how well the employer could defend a dismissal in court.
In practice, negotiations start from a common rule of thumb, based on § 1a KSchG:
Severance = 0.5 × gross monthly salary × years of service
This factor of 0.5 is a starting point, not a ceiling. It goes up where the employer’s position is weak, for example because:
Microsoft’s U.S. standard severance has been reported as 12 weeks of base pay plus two weeks per year of service. For an employee with ten years of service, that is roughly 32 weeks, or about 7.4 monthly salaries. Under the German rule of thumb, the same employee would start at 5 monthly salaries – but a factor of 1.0 or higher is common where an employer wants people to leave voluntarily. A German employee should therefore never assume that the U.S. package is the benchmark.
Important: if Microsoft were to move to dismissals instead, employees would have only three weeks from receipt of the written notice to file a claim with the labour court (§ 4 KSchG). Missing this deadline usually means losing all leverage.
A voluntary exit in Germany is usually documented in a termination agreement (Aufhebungsvertrag). It must be signed in wet ink to be valid (§ 623 BGB). Four points deserve particular attention.
This time, Microsoft’s offer reaches up to general managers and some vice presidents. Senior employees in Germany should check whether they qualify as an “executive employee” (leitender Angestellter) under § 14 (2) KSchG.
The bar is high. The employee must be entitled to hire or dismiss staff independently – a job title alone is not enough. Where the test is met, the employer can ask the court to dissolve the employment against payment of severance without giving reasons (Auflösungsantrag). The maximum award is generally 12 monthly salaries, or up to 18 for older, long-serving employees (§ 10 KSchG).
Most “Directors” and many “General Managers” at German tech subsidiaries do not meet this test in practice. They keep full dismissal protection – and the stronger negotiating position that comes with it.
If a voluntary exit offer, a termination agreement or a dismissal reaches you at Microsoft in Germany:
Microsoft’s new Voluntary Exit Offer does not apply in Germany – yet. But it shows where the company is heading: more voluntary exits, alongside continued layoffs. For employees in Germany, any such offer must be measured against German employment law, not against the U.S. package. Those who know their legal position will usually negotiate a considerably better result.
This article provides general information only and does not constitute legal advice.
posted 17 minutes ago
posted 37 minutes ago
posted 58 minutes ago
posted 1 hour ago
posted 1 hour ago
posted 1 hour ago
posted 1 hour ago
posted 2 hours ago
posted 2 hours ago
posted 3 hours ago
posted 3 hours ago
posted 3 hours ago
No results available
Find the right Legal Expert for your business
Send welcome message