It is, of course, not only employers who end the employment relationship. Employees can also terminate their employment; if this is the case, it is worth bearing in mind the notice period they must provide their employer.
Employees cannot simply leave their job without giving their employer some time to start the necessary reorganisation.
The rules are different here as, per statutory requirements, an employee only needs to provide a minimum of 4 weeks’ notice – to the 15th of the month or the end of it.
Subsequently, employers must ensure that the employment contract stipulates a more extended notice period if they wish to have more time to find replacements, reorganise the office etc.
The notice period in the employment contract will supersede the minimum provided by those in the BGB, provided they do not go below the minimum requirement.
It is worth knowing that the employer cannot treat the employee in a discriminatory manner during this time. Just because the employee has handed in their notice period does not mean the employer has free rein until the employee leaves. The employer must continue to pay the employee’s wage and not treat them in a manner that could be deemed as discrimination.
If you are considering changing your employment, make sure to consider the relevant notice periods.