How to calculate the notice period in Germany correctly

The notice period is an important regulation in German labor law, affecting both employees and employers. It specifies how far in advance notice of termination must be given. If you want to calculate the notice period, there are two types: statutory and contractual notice periods. The statutory notice period is four weeks to the 15th or end of a calendar month. Contractual notice periods can be specified individually in the employment contract, but may not be shorter than the statutory notice periods.

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Notice periods in Germany: definition and legal basis

The notice period defines the time from notice of termination until the effective end of the employment relationship. The employment relationship is not legally terminated until this period has expired.

The statutory notice period is based on Section 186 of the German Civil Code (BGB). Regardless if the notice period results from a collective labour agreement or an employment contract. It can also be based on the statutory regulation in accordance with Section 622 BGB.

By Section 130 BGB, the date on which the recipient receives the notice of termination counts for the calculation of the notice period. And not the date noted on the letter of termination. IThe day of receipt is not counted; instead, the notice period begins to run on the following day.

Calculating the notice period when an employee resigns: What needs to be considered?

Here are some points that employees should bear in mind when terminating their employment contract. To ensure that they leave employment correctly and on time.

1. Statutory notice periods: The statutory notice period is usually four weeks to the 15th or end of a calendar month. However, this period may differ due to collective labor agreements or individual agreements in the employment contract.
2. Probationary period: During the probationary period, which may last a maximum of six months, the notice period is two weeks.
3. Submit notice of termination: The notice of termination should be in writing and signed by the employee. It is important to state the date of termination and the desired date of departure.
4. Terminate within the notice period: To correctly calculate the notice period, you should not count the day the notice is delivered to the employer. Calculate the period from the following day.

Calculate notice periods: Employer gives notice to employee

Regardless of who gives notice, the same rules apply to both employees and employers.

1. Statutory notice periods: The statutory notice period is usually four weeks to the 15th or end of a calendar month. However, this period may vary due to collective labour agreements or individual agreements in the employment contract.
2. Probationary period: During the probationary period, which may last a maximum of six months, the notice period is two weeks.

However, employers must take length of service into account and are often subject to longer notice periods than employees. The statutory notice period is generally four weeks to the 15th or end of a calendar month. In the case of termination by the employer, however, the length of the statutory notice period also depends on the length of service of the employee. If the employee has been with the company for more than two years, the notice period increases to one month to the end of the month. For longer periods of employment it can be up to seven months. The exact statutory notice periods are set out in Section 622 of the German Civil Code (BGB).

In addition, the employment contract, collective labour agreement or works agreements may contain individual provisions on the notice period that may deviate from the statutory requirements. It is important to check these agreements carefully and to take them into account when giving notice.

Instructions: How to calculate the notice period and check the employer’s actions!

The notice period plays a central role in the termination of employment relationships. It determines the period from the announcement to the termination of the employment contract. A legally valid cancellation requires that this notice period is observed.

Here is a simple guide to determining your notice period yourself:

1. Determine the nature of the employment relationship. Firstly, you need to find out whether your employment contract is for a fixed or indefinite term. This will determine whether the general statutory notice period or specific conditions of the employment contract apply.
2. Determine your own notice period. Check the contents of the contract In the next step, you should check your employment contract or collective agreement for specific agreements on the notice period. If there are no such provisions, the standard statutory notice periods in accordance with Section 622 of the German Civil Code (BGB) apply.
3. Note the length of service. The length of the statutory notice period depends on how long you have been with the company. If the statutory regulations apply, you must include the years of service in order to determine any extended notice period, which begins at the end of a month if you have been with the company for two years or more. The specific details of this can be found in Section 622 of the German Civil Code (BGB) and vary depending on the individual situation.
4. Calculate the statutory notice period: The general statutory notice period provides for certain periods for both employees and employers, which are listed in Section 622 BGB.

Calculation of the notice period in Germany

What are the exceptions to the cancellation period?

There may be some exceptions to the notice period:

1. Probationary period. During the probationary period, the notice period may be shorter, usually two weeks.
2. Termination agreement. In a termination agreement, the employer and employee agree to terminate the employment relationship prematurely without observing the regular notice period.
3. Termination without notice: In the event of serious offences, termination without notice may be justified. In this case, the notice period does not apply at all.
4. Collective labour agreement regulations. In some industries, special regulations apply to the notice period, which may deviate from the statutory requirements.
5. Special protection against dismissal. applies to certain groups of people: Persons with severe disabilities, pregnant women and employees* on parental leave. They often enjoy special protection against dismissal, which means that they cannot be dismissed under normal circumstances or only under more difficult conditions.

FAQ on the topic of “Calculating the cancellation period”

In this section, we deal with frequently asked questions on the subject of “Calculating the notice period” for employees and employers.

• What is the notice period? The notice period is the period between the announcement of termination and the actual end of the employment relationship.
• How is the notice period calculated? The notice period is usually specified in the employment contract. In the case of statutory notice periods, different periods apply depending on the length of service.
• Do notice periods differ for employees and employers? In principle, yes. For employers, the notice period becomes longer the longer the employee has been with the company. In contrast, the statutory notice period for employees is four weeks to the end or 15th of a calendar month.
• What happens in the event of termination without notice? Termination without notice ends the employment relationship immediately and without observing a notice period, usually for good cause.
• When must the notice of termination be submitted? The notice of termination should be submitted in writing and within the deadline in order to be legally effective.