Whether you are an employee or an employer in Germany, it is vital to know the law regarding notice periods. People changing work or being dismissed is a regular occurrence in business. Subsequently, notice periods are essential for allowing both employees and employers to plan for the future.
The requirement for a notice period depends on the nature of the dismissal, and the period involved in the notice period is based on a variety of factors, primarily the length of time a person has worked with a firm. At Schlun & Elseven Rechtsanwälte, our employment law specialists advise employers and employees on all matters relating to notice periods.
Notice Periods in Germany: Statutory Rules, Employment Contract & Collective Agreements
Notice periods in Germany are determined by a hierarchy of legal sources, with employment contracts taking precedence over statutory requirements. The employment contract typically specifies notice periods for both employer and employee. Always consult your original employment contract first, as these terms generally supersede statutory minimums (provided they meet legal requirements).
Statutory Notice Periods in Germany
When employment contracts do not specify notice periods, Section 622 of the German Civil Code (BGB) establishes the following minimum requirements:
Length of Employment → Notice Period → Termination Timing
- 0-6 months: 2 weeks to any day
- 7+ months: 4 weeks to the end of the month or 15th of the month
- 2+ years: 1 month to the end of the month
- 5+ years: 2 months to the end of the month
- 8+ years: 3 months to the end of the month
- 10+ years: 4 months to the end of the month
- 12+ years: 5 months to the end of the month
- 15+ years: 6 months to the end of the month
- 20+ years: 7 months to the end of the month
Important: After the initial 6-month period, the standard minimum notice period is 4 weeks, with termination effective either at month-end or on the 15th of the month, depending on when notice is given.
Collective Agreements
Collective agreements (Tarifverträge) can modify statutory notice periods, typically extending them to provide greater employee protection. These agreements apply when:
- Both the employer and the employee are bound by the collective agreement
- The collective agreement has been declared universally applicable
- The employer habitually follows the collective agreement in company practice
- The employment contract explicitly references the collective agreement
Critical Timing Considerations
When Notice Periods Begin
The notice period commences when the employee receives the termination notice, not when:
- The employer makes the decision to terminate
- The employer drafts the termination letter
- The employer sends the notice
Best Practices for Employers
To ensure proper notice delivery and avoid legal complications:
- Hand-deliver termination notices whenever possible
- Use a trusted company representative for delivery if personal delivery isn’t feasible
- Obtain written confirmation of receipt
- Document the delivery process thoroughly
- Consider registered mail as an alternative with proof of delivery
Documentation Requirements
Maintain clear records showing:
- Date and time of notice delivery
- Method of delivery
- Person who received the notice
- Any witnesses to the delivery
Exceptions to Notice Period Requirements
German employment law provides several important exceptions to the standard notice period rules that both employers and employees should understand.
Probationary and Short-Term Employment
Employees during their probationary period, typically the first six months of employment, are only entitled to two weeks’ notice from either party, with termination possible on any day rather than being restricted to month-end or the 15th. This reduced notice period provides both employers and employees with greater flexibility during the evaluation phase.
Similarly, employees on short-term contracts of fewer than three months may have notice periods shorter than the standard four-week requirement, as specified in their employment contract. However, if such contracts are extended beyond three months, employees automatically gain standard notice period protections.
Part-Time Employment and Small Businesses
Part-time employees’ notice periods are calculated proportionally based on their working hours. Those working 20 hours per week receive notice periods calculated at half the standard rate, while those working 30 hours per week receive three-quarters of the standard period. For example, a part-time employee working 20 hours per week with five years of service would receive one month’s notice instead of the standard two months for full-time employees.
Small businesses employing 20 or fewer employees (excluding trainees) must still provide a minimum four-week notice period. While this exception primarily affects other employment protection laws rather than notice requirements, it’s important for smaller employers to understand their obligations remain substantial.
Mutual Termination Agreements and Key Considerations
Through mutual termination agreements, employers and employees can agree to bypass standard notice periods. Both parties must document and sign these arrangements in writing, allowing flexibility in determining specific termination dates, severance terms, and handover arrangements. Such agreements can provide customised solutions that benefit both parties while preventing future disputes.
Proper documentation in employment contracts or separate agreements is essential when applying these exceptions. All exceptions must comply with minimum statutory protections and cannot violate fundamental employee rights. Given the complexity of these rules and their interaction with broader employment law, seeking professional legal advice is recommended to ensure proper application and compliance with German employment regulations.
Employee Notice Periods
Employees also have obligations when terminating their employment. You cannot simply leave your position without providing adequate notice to allow your employer time for necessary reorganisation, including finding replacements and redistributing responsibilities. Under German law, employees must provide a minimum of 4 weeks’ notice, with termination effective either on the 15th of the month or at month-end, depending on when notice is given.
Important distinction: Unlike employer notice periods, which increase with length of service, employee notice periods remain constant at 4 weeks regardless of how long you’ve worked for the company.
Employers seeking longer notice periods must specify this in the employment contract. Common scenarios include:
- Senior positions may require 2-3 months’ notice
- Specialised roles may need extended handover periods
- Key personnel may have longer notice requirements
Legal framework: Employment contracts can require longer notice periods than the statutory minimum, but cannot reduce them below 4 weeks.
Employee Rights During Notice Period
Your employer must continue to fulfil their obligations during your notice period:
Continued Employment Terms
- Full salary payment must continue,
- Normal working conditions must be maintained,
- Benefits and entitlements remain in effect.
Protection Against Discrimination
Employers cannot retaliate against employees who have given notice by:
- Withholding pay or benefits,
- Creating hostile working conditions,
- Treating you differently from other employees,
- Excluding you from normal business activities.
Planning Your Career Move
Before resigning, consider:
- Your contractual notice period requirements
- Timing of your resignation relative to the 15th/month-end
- Any outstanding vacation days or benefits
- Handover responsibilities and documentation
Best practice: Review your employment contract carefully and, if necessary, seek legal advice before submitting your resignation to ensure you understand your obligations and rights during the notice period.
Extraordinary Termination & Unfair Dismissal
Extraordinary termination (außerordentliche Kündigung) enables employers to dismiss employees immediately without providing the standard notice period. This measure is strictly regulated under German law, particularly the German Civil Code (BGB) and the Protection Against Unfair Dismissals Act (Kündigungsschutzgesetz or KSchG), to ensure fair treatment of all parties.
Grounds for Extraordinary Termination
Employers may pursue extraordinary termination only when an employee’s conduct makes continued employment unreasonable. Valid grounds include:
Serious Misconduct:
- Criminal activities in the workplace
- Severe misconduct toward customers, colleagues, or management
- Harassment, assault, fraud, theft, or abuse
- Breach of confidentiality agreements
- Deliberate failure to fulfil contractual obligations
- Falsifying illness certificates or persistent tardiness
Important Note: For less severe infractions, employers must issue formal warnings before proceeding to dismissal. Terminating employment for minor violations without prior warning may expose the employer to legal challenges.
Legal Requirements and Protections
Valid Dismissal Grounds
Beyond extraordinary circumstances, employers may dismiss employees for:
- Poor performance after appropriate warnings and support
- Company closure, downsizing, or restructuring
- Chronic or long-term illness affecting work capacity
Protected Classes
German employment law strictly prohibits dismissal based on:
- Race, religion, sexual orientation, or gender
- Disability status (for severely disabled employees)
- Pregnancy or maternity leave status
Special Protections
Severely Disabled Employees:
- Cannot be dismissed solely due to disability
- Entitled to minimum notice periods
- Employers must consult with the Integration Office (Integrationsamt) before termination
Pregnant Employees and New Mothers:
- Dismissal during pregnancy and maternity leave is permitted only in exceptional circumstances
- Requires approval from the Authority for Work Security, Health Protection and Technical Security (Landesamt für Arbeitsschutz, Gesundheitsschutz und Technische Sicherheit)
Given the complexity of German employment law and the serious consequences of wrongful termination, employers should seek legal advice before proceeding with extraordinary dismissal. This ensures compliance with all applicable regulations and protects against potential legal challenges.
Practice Group: German Employment Law
Practice Group:
German Employment Law
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