Notice periods are a central topic in any termination. Here you will find the most frequent questions and concise answers.
Which Notice Periods Apply to Employees?
The statutory notice period is four weeks to the 15th or to the end of a calendar month. This period applies to both parties unless the employment contract provides otherwise. For employees, however, the period is often shorter because the extended notice periods based on length of service apply only to employer terminations. If you wish to resign yourself, you must generally observe the same period as the employer, unless a shorter period has been agreed for you. An overview of the statutory periods can be found in the answer on length of service.
How Long Is the Statutory Notice Period?
The statutory notice period is four weeks to the 15th or to the end of a calendar month. This means the notice must be received by the 15th or the last day of the month in order to end the employment relationship at the next possible date. For example, if you give notice on the 10th of the month, the employment relationship ends on the 30th of the month, because the notice takes effect within the four-week period to the end of the month. Note that the period begins only upon receipt of the notice, not on the date written on the letter.
Can the Notice Period Be Shortened in the Employment Contract?
Yes, shortening the notice period for the employee is possible, but only if the employer observes a longer period. The law provides that an individually agreed shorter period applies only to the employee, while the employer must observe at least the statutory period. In practice, such shortening is rare because it disadvantages the employee. Extending the period for both sides is possible as long as it does not harm the employee. Check your employment contract carefully before agreeing to any change.
What Happens If the Notice Is Delivered Too Late?
A notice becomes effective only when it reaches the recipient. If the notice is therefore delivered after the period has expired, the end of the employment relationship shifts accordingly. For instance, if you want to give notice on the 15th of the month, the notice must reach the employer no later than the 15th; otherwise it takes effect for the next possible date. Timely delivery is therefore crucial. You can learn how to deliver a notice securely in our article notice by registered mail with proof of delivery.
Do Notice Periods Also Apply During Probation?
During the probationary period, the notice period is two weeks. This applies to both sides — employer and employee alike. This shortened period applies only within the first six months of the employment relationship, provided a probationary period was agreed. After the probationary period ends, the regular statutory periods apply again. Note that a summary dismissal for cause is also possible during probation if a serious reason exists.
How Are Notice Periods Calculated for Length of Service?
Notice periods are determined by the length of service with the company. They increase in steps: after two years to one month to the end of a calendar month, after five years to two months, after eight years to three months, after ten years to four months, after twelve years to five months, after fifteen years to six months, and after twenty years to seven months. This graduated scale applies only to terminations by the employer. For employees, these extended periods do not apply unless the employment contract provides otherwise. Length of service is counted from the start of the employment relationship, not from a specific cut-off date.
What Is the Notice Period for a Summary Dismissal?
In a summary dismissal there is no notice period — the employment relationship ends immediately. A summary dismissal is only permissible for serious cause, such as theft, refusal to work, or serious breaches of contract. The employer must issue the dismissal within two weeks of becoming aware of the serious reason. If you receive a summary dismissal, you should seek legal advice immediately, as it is often unjustified and you may be able to file an unfair dismissal claim.
Can I Shorten the Notice Period?
As an employee, you cannot unilaterally shorten the notice period. However, you can conclude a termination agreement with the employer that sets an earlier end date. A termination agreement is a mutual agreement to end the employment relationship in which both sides may waive compliance with the notice periods. Bear in mind, though, that a termination agreement often triggers a blocking period for unemployment benefits if you did not resign yourself. Consider carefully whether shortening the period is truly worthwhile.
What Happens If I Do Not Observe the Notice Period?
If you fail to observe the notice periods, you may face claims for damages from the employer. The employer can, for example, demand the wages for a replacement hired at short notice. In practice, such claims are often offset against outstanding wages. If you have received a notice and cannot meet the period, you should examine whether the notice is even valid. An unfair dismissal claim can help safeguard the periods and enforce your rights. A severance package can also be negotiated in this context — more on this in our article severance pay after dismissal.
Are There Special Rules for Notice Periods During Pregnancy or Disability?
Yes, special termination rules apply to pregnant women and severely disabled persons. Pregnant employees enjoy special protection against dismissal, which generally prohibits termination during pregnancy and until four months after childbirth, unless the competent authority consents. Severely disabled persons may only be dismissed with the consent of the Integration Office. These special rules affect not only the notice periods but also the prerequisites for termination. If you are affected, you should inform yourself early and, if necessary, seek legal assistance.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.