Notice periods – what should be taken into account?

The notice periods in labor law are in the §§ 622 ff. BGB This stipulates that employees are entitled to a uniform statutory minimum notice period of four weeks by the 15th or at the end of a calendar month. An exception is the probationary period: During this period, both employees and employers can terminate the employment relationship at any time with a notice period of 2 weeks (Section 622 Paragraph 3 of the German Civil Code).

But what are the notice periods for the employer? Depending on the length of service, the notice period for the employer can be extended (§ 622 para. 2 BGB)If, for example, the employee has been working for the company for two years, his notice period is one month to the end of the calendar month. If he has been working there for five years, his notice period is two months to the end of the month.

• at 8 years, the notice period is 3 months to the end of the month
• at 10 years, the notice period is 4 months to the end of the month
• at 12 years, the notice period is 5 months to the end of the month
• at 15 years, the notice period is 6 months to the end of the month
• at 20 years, the notice period is 7 months to the end of the month

This legal regulation is intended to protect employees, especially those who have been working for the same company for a long time.

A notice period may also be agreed in the employment contract. It should be noted that a shorter notice period is only possible under certain circumstances (§ 622 para. 5 BGB). Employees must have been hired as temporary workers, and the working period must not exceed 3 months. It is also important that no longer notice period may be agreed for the termination of the employment relationship by the employee than for the termination by the employer (Section 622 Paragraph 6 of the German Civil Code). If, for example, a notice period of 3 months is agreed in the employment contract, this period must apply to both parties.

Deviation: When is termination without notice possible?

A deviation from § 622 BGB is § 626 BGB. This is where termination without notice for good cause is regulated. The notice periods of § 622 BGB do not apply in the context of termination without notice. However, a "important reason". It is questionable meanwhile, which is an important reason for an extraordinary (immediate) termination. It must be unreasonable for the person terminating the contract to comply with the regular notice periods. This requires a serious violation which cannot be justified. As a rule, the employer must nonetheless check beforehand whether a milder measure, such as a warning, comes into consideration.

The following reasons would justify termination without notice:

• data protection violation
• Sexual harassment/coercion
• working time fraud
• theft
• vacation without permission
• Unexcused absence
• Forgery of vaccination/recovery certificate
• threat of violence
• insult
• bullying

We at Rogert & Ulbrich know what to consider!

Are you unsure whether your employer has observed the statutory notice periods or whether your termination without notice contains an important reason? Then let us advise you free of charge and without obligationWe will prepare for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer. Take advantage of our free initial telephone consultation now and ask our specialized lawyers your questions.