It's not that rare that an employment contract is only concluded verbally - at least that's legal.
But then does a notice period also apply?
A written employment contract * is standard these days.
But there are also
purely oral employment contracts
.
Specifying an employment relationship in writing is not prescribed by law.
If wages are paid regularly and on time and
the worker's performance is satisfactory
, there is nothing legally wrong with an oral employment contract.
But what if the employment relationship is to be terminated?
Does a period of
notice
then also
apply
, and if so, what?
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Oral employment contract: what about the notice period?
Whether the employee quits his job or the employer fires his employee: A termination is rarely positive, as it means that the
employment relationship has failed
.
While notice periods are set out in writing in an employment contract, the question of course arises as to what happens in an oral employment contract.
Here is the
most important information
:
Basically
: The most important agreements of an employment relationship should always be recorded in writing.
Because
otherwise there is no evidence
if employers and employees separate from each other in the dispute and insist on different details of the employment contract and made
his word against hers
is.
Nevertheless, even a purely verbal employment contract does not move in a
legal vacuum, anwalt.org knows
.
In this case, the German Civil Code (BGB) applies, in which the statutory notice period is stipulated.
Different notice periods
apply to employees and employers
.
Termination by the employer
: If the employer
terminates
his employee, he must comply with a notice period that is based on the previous working hours.
This table provides a
handy overview
:
Length of employment |
Corresponding notice period |
Up to two years |
Four weeks |
At least two years |
A month |
At least five years |
Two months |
At least eight years |
Three months |
At least ten years |
Four months |
At least twelve years |
Five months |
At least 15 years |
Six months |
At least 20 years |
Seven months |
Termination by the employee
: If the employee resigns from his employer, a notice period of four weeks applies.
Special case of probationary period
: During the probationary period, which by law
may last
a maximum of six months
, a notice period of two weeks applies - for both employers and employees.
Important
: A termination is only
effective
in
writing
.
Orally it has no legal weight.
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No written employment contract: The notice period for extraordinary termination
The final question that now arises is what happens to an
extraordinary termination
.
So if one of the two parties, employer or employee, want to terminate the employment relationship immediately.
The prerequisite for such a termination
disregarding the statutory notice period
is a serious offense or breach of duty for both parties.
In this case, however, the notice of termination must be carried out within two weeks after the decisive reason for the termination of the employment relationship became known.
In many cases, as
anwalt.org
finally points out, a
previous warning is
required
.
If the employer and employee agree on an immediate termination of the employment relationship, this can be
carried out
without notice via a termination
agreement
.
(fh) * Merkur.de is part of the nationwide Ippen central editorial network.
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Article source: anwalt.org