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Termination: Do you know the most important rules and deadlines?

2020-05-20T11:08:11.046Z


Have you been dismissed or want to quit? Then you will find out everything you need to know about notice periods, wording and legal regulations.


Have you been dismissed or want to quit? Then you will find out everything you need to know about notice periods, wording and legal regulations.

The termination of the employment contract does not only mean that a big change is imminent for the employee. If the employee wants to change company or the employer dismisses his employee, certain formal and legal regulations always apply. We will show you the most important ones here.

Termination as an employee: How do I write a termination?

Notice of termination must always be given in writing - i.e. in letter form. Email or fax are not enough. This is how the Civil Code (BGB) provides in § 623. In addition, the termination of the employment contract must always be signed in full name  .

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A corresponding wording could look something like this:

Termination of my employment contract

Dear Sir / Madam,

I hereby terminate my employment contract from…. neat and on time at the next possible time.

Please confirm receipt of the cancellation in writing. In addition, I ask you to provide me with a qualified job reference.

Thank you for the good cooperation in the past years and wish you all the best for the future.

Sincerely yours

Signature of the employee

Here you can find out what else you need to consider when writing a notice of termination.

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Termination by employees: When do I have to quit? 

Before employees change jobs, you must always adhere to the correct notice period. The law (§ 622 BGB) provides for a notice period of at least four weeks on the 15th of a month or at the end of the month. A statutory notice period of two weeks applies to employees during the probationary period. 

You can find out how long your notice period really is in your employment contract or collective agreement. Notice periods of three months to the end of the month or the end of the quarter are often also agreed.

Read also : You should never start your step into self-employment.

Termination by employer: How long is the deadline for ordinary termination?

According to the law, if the employer wants to fire an employee, he must take into account the length of employment in the company . This can extend the notice period - for the benefit of the dismissed employees. This leaves more time to find a new job.

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

Find out more about the statutory notice period for employment contracts here.

What reasons can the employer give notice to me? 

If you want to fire an employee, you have to observe numerous legal regulations . For example, termination must always be "socially justified". This is laid down in the Protection against Unfair Employment Act (KSchG), which applies to all companies with eleven or more employees (full-time). Find out more about the Protection against Dismissal Act here.

In the case of dismissals by the employer, a distinction is made between ordinary dismissal, which stipulates a notice period, and extraordinary dismissal, which usually takes place without notice.

If employers give notice of termination , this usually happens for the following reasons:  

  • Business-related dismissal : The employer fires employees because the business requires it - for example, because the orders fail to arrive or the company goes bankrupt. Further employment in the company must be ruled out in any case. You can find out under what conditions you can receive an operational termination here.

  • Behavioral dismissal: This can always be pronounced if an employee does not fulfill his duties under the employment contract or if the boss's instructions are not followed. Further cooperation for the employer must be unreasonable. Read here about the behavior that can lead to termination.
  • Personal termination: In this case, the termination * lies with the employee as a person. If their characteristics and abilities are so limited that they can no longer fulfill their obligations under the employment contract or the employer would have serious disadvantages from continuing their employment, they may do so quit under certain conditions - such as for a long illness, sometimes also for many common illnesses. In all cases, however, only if the forecasts for the future are negative. You can find out what other reasons there are for personal termination here.

Termination without notice: Only for important reasons

There must be "important reasons" for termination without notice , as required by law pursuant to Section 626 of the German Civil Code (BGB) - namely when the employee is seriously violated and it would be unreasonable for the employer to maintain the employment relationship. You can find out what the reasons are and under what conditions termination without notice can be found here.

The same applies if employees want to give notice without notice . If, for example, a company falls behind with its wage payments or supervisors fail, employees can in many cases immediately withdraw from their contracts. Here you will find further reasons and what employees should consider when terminating without notice.

What vacation entitlement do I have if I cancel?

Regardless of whether employees or employers quit: Anyone who has worked in a company for at least half a calendar year is fully entitled to vacation if they quit . You can find out here how you calculate the remaining vacation for a termination and why the date of the termination plays an important role.

Severance pay upon termination: who gets money?

Severance payment is a one-off payment that is intended to provide financial support and compensation to employees who have given notice of termination on the part of the company. In the event of termination, employees are not entitled to a severance payment, but in certain cases they are often paid. You can find out when a severance payment is waiting here.

Read also:  These are the most frequently asked questions about termination.

Do you want to stay up to date with the latest career news? Then follow our industry page on the Xing career portal.

* merkur.de is part of the nationwide central Ippen editorial network.

By Andrea Stettner

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Source: merkur

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