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Basic notice period for employees

Is there a basic notice period for employees?

Would like to be busy develop professionally, are with their current occupation no longer satisfied or have found a job that better paid the next logical step is one termination.

After all, they can no new job start before they leave the existing employment relationship have finished. They have to special notice periods observe in labor law.

The legal basis for this can be found in Section 622 of the German Civil Code (BGB) held. In the following guide we will inform you about the statutory basic notice period for employees and explain when this might happen extended or shortened can be.

What is the statutory basic notice period for employees?

As already mentioned at the beginning, there are Information on the statutory basic notice period for employees in the Civil Code, more precisely in Section 622 (1) of the German Civil Code (BGB). There it says:

The employment relationship of a worker or an employee (employee) can be terminated with a notice period of four weeks to the fifteenth or the end of a calendar month. "

consider it: It does not follow that the company is employed always with a notice period of four weeks being able to leave. Otherwise met Regulations in the employment contract can finally deviate from the statutory basic notice period for employees and for example longer deadlines prescribe. However, it is important that the The deadline for employees must never be longer than that for employers (Section 622 (6) BGB).

Can the statutory basic notice period be extended or shortened?

In principle, the Do not extend the statutory basic notice period for employees. Should longer deadlines this must be agreed individual contract happen. However, something else is true with regard to that Basic notice period for employers. This is directed loudly Section 622 (2) BGB after Length of employment of the employee and looks like this:

Length of service with the companynotice period
2 years1 month to the end of the calendar month
5 years2 months to the end of the calendar month
8 years3 months to the end of the calendar month
ten years4 months to the end of the calendar month
12 years5 months to the end of the calendar month
15 years6 months to the end of the calendar month
20 years7 months to the end of the calendar month

The longer an employee is employed in a company, the longer so is usually the Notice period that the boss must adhere to. It is, however allows to deviate from the basic notice period for employees and to agree in the employment contract that the extended deadlines for both parties be valid.

In contrast to an extension, there is a Shortening of the statutory basic notice period for employees absolutely im Realm of the possible.

This is usually the case whenever the affected employee is still during the probationary period is located. Section 622 (3) BGB says:

During an agreed trial period, for a maximum of six months, the employment relationship can be terminated with a notice period of two weeks. "

Important: This paragraph is directed to both parties! As a result, both the statutory basic notice period for both employees and employers during this time two weeks. This is to ensure that a freshly concluded employment relationship finished faster should either find that it is with the collaboration but does not work as expected.

Apart from this regulation is allowed the deadline agreed in the employment contract for termination is only shorter than the statutory basic notice period for employees if the employee concerned for a short time is hired as a temporary worker. As soon as that Employment for more than three months lasts, that would be Limit exceeded (ยง 622 Paragraph 5 Number 1 BGB).

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Basic notice period for employees
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