Understanding how to calculate your notice period is crucial for both employees and employers. This guide explains the legal framework, the differences between statutory and contractual notice periods, and provides practical examples to help you determine the exact time required before a termination takes effect. Knowing your rights and obligations ensures you avoid mistakes and manage your transition effectively, including potential adjustments for probation, extended service, or special contracts.
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Key takeaways:
- Notice periods are essential: They define how much advance warning is required before ending an employment relationship. Both statutory and contractual rules must be considered to avoid legal issues.
- Employees and employers differ: While employees generally have the same notice periods as employers, longer service may extend the employer’s required notice.
- Contractual agreements prevail: Individual employment or collective agreements can adjust notice periods but cannot reduce the statutory minimum.
- Exceptions matter: Probation, immediate termination, or termination by agreement may override standard notice periods. Employees should always check their specific situation.
Contents
Notice period: Definition and legal basis
A notice period specifies the time between serving a termination and the effective end of the employment. The employment relationship only legally ends once this period expires. Calculation follows Sections 186 ff. of the German Civil Code (BGB), including both statutory rules and contractual agreements. The period begins the day after the recipient receives the termination notice, not the date on the letter itself.
The exact notice period depends on contractual arrangements and on who terminates the employment:
Calculating notice period: Employee resigning
When an employee resigns, the first step is to determine the correct timing. The employment contract must be reviewed; if no contractual rules exist, statutory periods apply. The standard statutory notice period is four weeks to the 15th or the end of a calendar month. During probation (up to six months), the period is two weeks. The resignation must be submitted in writing with a handwritten signature, ideally with acknowledgment of receipt or via registered mail. While exact calculation matters, in doubt, resign at the earliest permissible date to ensure compliance.
Calculating notice period: Employer terminates
For employers, statutory notice periods generally depend on the employee’s length of service. Contracts or collective agreements may extend or modify the period. Standard statutory notice is four weeks to the 15th or month-end. Employees with over two years of service require one month’s notice to the end of the month; with longer service, it may extend to seven months. Employers must ensure proper calculation and respect contractual or collective deviations. Always verify the applicable notice period based on your individual employment contract and years of service. Miscalculations may expose both parties to legal disputes.
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Step-by-step guide to calculate notice period
- Review your employment contract to see if contractual notice periods apply.
- Identify statutory rules: If no contractual rule exists, use Section 622 BGB.
- Determine length of service: Longer service extends the employer’s required notice.
- Adjust for probation or special circumstances: Probation periods reduce the period, immediate termination removes it entirely.
- Account for individual exceptions: Collective agreements or company policies may modify periods.
Example: Length of service and notice periods
| Length of service | Period of notice |
| up to 6 months (trial period) | 2 weeks (probation) |
| from 7 months to 2 years | 4 weeks to the 15th or month-end |
| more than 2 years | 1 month to month-end |
| more than 5 years | 2 months to month-end |
| more than 8 years | 3 months to month-end |
| more than 10 years | 4 months to month-end |
| more than 12 years | 5 months to month-end |
| more than 15 years | 6 months to month-end |
| more than 20 years | 7 months to month-end |
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Statutory notice period calculator Germany
Use our Statutory Notice Period Calculator to quickly determine the legally required notice period (“gesetzliche Kündigungsfrist”) under German employment law. The calculator is based solely on the statutory rules of the German Civil Code (Bürgerliches Gesetzbuch, BGB) and provides an overview of how much notice an employer or employee must give before ending an employment relationship.
Please note: this calculator only reflects the default statutory notice periods. Individual employment contracts, collective bargaining agreements (Tarifverträge), or company agreements may specify different notice periods, which are not considered in this calculation. Always review your contract to confirm the exact notice period that applies to your situation.
Notice period calculator
Disclaimer:
Notice periods are usually set out in the employment contract. Only if not, statutory notice periods apply: employees must give four weeks’ notice, while employers face longer, staggered notice periods, depending on the employee’s length of service. During probation, the statutory notice period is 2 weeks.
Notice periods are usually set out in the employment contract. Only if not, statutory notice periods apply: employees must give four weeks’ notice, while employers face longer, staggered notice periods, depending on the employee’s length of service. During probation, the statutory notice period is 2 weeks.
Exceptions to statutory notice periods
Certain situations alter standard notice: probation reduces periods to two weeks, termination by agreement allows early end dates, and serious misconduct can justify immediate termination. Collective agreements may further adjust rules, while employees with special protections (e.g., pregnant employees, disabled, parental leave) are subject to stricter safeguards. Always confirm if exceptions apply to you; these can significantly impact your notice calculation and eligibility for benefits.
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