Are you threatened with termination? Or do you finally want to get out of the job? Then you should know how the notice period for the employment contract is regulated by law.
Regardless of whether you are threatened with termination by the employer or if you would like to change jobs yourself: certain rules apply to the termination of the employment contract. A notice period is also set, which specifies how long you can or must remain in the company after the termination.
The notice period results from the notice period stipulated by law, the employment contract or the collective agreement.
Statutory notice period for the employee
Pursuant to Section 622 of the German Civil Code, employees can give four weeks' notice on the 15th of a month or at the end of the month . This applies to all employees who have been employed for more than six months.
However, this notice period can be extended by a regulation in the employment contract - but only if the longer notice period also applies to the employer. However, the employment contract cannot shorten the statutory notice period.
Legal notice period of the employer
If you are dismissed by your employer, the employer must take into account the length of your employment during the notice period (Section 622 (2) BGB). The following deadlines apply:
Length of employment | notice period |
|---|---|
0 to 6 months (trial period) | 2 weeks on any day |
7 months to 2 years | 4 weeks to the 15th or the end of the calendar month |
2 years | 1 month to the end of the calendar month |
5 years | 2 months to the end of the calendar month |
8 years | 3 months to the end of the calendar month |
ten years | 4 months to the end of the calendar month |
12 years | 5 months to the end of the calendar month |
15 years | 6 months to the end of the calendar month |
20 years | 7 months to the end of the calendar month |
Incidentally, a new ruling states that the periods before the age of 15 - contrary to § 622 (2) sentence 2 BGB - must now also be taken into account (BAG, judgment of September 1, 2010, 5 AZR 700/09).
Statutory notice period during the trial period
There is a shorter notice period of two weeks for the trial period. Read here what you need to consider when terminating a trial period.
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