zimmer
Sep 18 2007, 9:33 am
Hi, can anyone tell me what this means "Das Arbeitsverhältnis kann beiderseits unter Einhaltung einer Kündigungsfrist von 6 Wochen zum Quartalsende gekündigt werden." This is written under "Kündigung / Beendigung des Arbeitsverhältnisses". I'm totally confused. Does it mean that if they want to terminate me by September (this quarter), they would have to give me the notice in mid-August? OR they have to give me the notice in mid-August to end my contract by December? Oder was?? Thanks for your help!
tom_a
Sep 18 2007, 9:35 am
I think it means that you can only stop working at the end of a quarter, and that you need to tell your employer (or your employer needs to tell you) at least 6 weeks in advance.
Welsh man
Sep 18 2007, 9:40 am
it means that you and your employer can hand in your note and quit 6 weeks in advance to every quater/year. March/June/September/December
Kay
Sep 18 2007, 10:09 am
The way I understand it, if they'd wanted to terminate her contract effective end of September (third quarter), they would have had to give notice by mid-August. For her to stop working at the end of December, notice should be given by mid-November at the latest.
Edit: My post was in reply to Jeeves', which has since disappeared. Oh well...
zimmer
Sep 18 2007, 5:10 pm
Thanks everyone!
false
Sep 18 2007, 5:14 pm
I've heard of these clauses, but how legal are they? Or are they like the agreement to paint your flat ones for renters?
Lissy
Sep 18 2007, 6:00 pm
My contract is the same, just 2 months to the end of the quarter. It's pretty standard in Germany, and IMO a right pain
miwild
Sep 18 2007, 6:20 pm
QUOTE (false @ Sep 18 2007, 6:14 pm)

... how legal are they? ...
§ 622 BGB - Kündigungsfristen bei Arbeitsverhältnissen
MonksTown
Mar 18 2008, 11:19 am
I have a friend (not on a tarif vertrg) with a frist of six weeks to the quarter Kundigüngsfrist in is contract that want to quit ASAP.
Obviously he has missed the end of March.
My understanding is that section 1 of the law mentioned above now allows an employee to terminate with one months notice at any time?
tom_a
Mar 18 2008, 11:22 am
Clause (6) seems to say that a longer termination period is allowed, as long as it applies to both the employer and the employee (the notice period of the employee cannot be longer than that for the employer, but if the employer binds himself to a longer period, he can also ask the employee to be bound to the same period).
MonksTown
Mar 18 2008, 11:25 am
I understood clause 6 as simply saying that the employees period of notice couldn't be longer than the one the employer was bound by.
My friend has missed the contractual deadline and needs to know if the change of the law gives him the chance to go for the one month flat
notice rather than either wait till mid May or try and negotiate his way out with the employer.
tom_a
Mar 18 2008, 12:10 pm
I can only read the legal text and speculate what it implies, but I can't give you a certain answer. However, clause (5) explicitly says that shorter termination periods are only allowed under certain conditions. Nowhere does it say that longer termination periods are not allowed (except for the statement under 6 that employers cannot have shorter notice period than their employees).
tom_a
Mar 18 2008, 12:13 pm
This link says that longer termination periods are allowed:
http://www.anderfuhr-buschmann.de/gesetze/...ungsfristen.htmQuote: "Die einzelvertragliche Vereinbarung längerer als der in den Absätzen 1 bis 3 genannten Kündigungsfristen bleibt hiervon unberührt."
MonksTown
Mar 18 2008, 12:20 pm
Cheers Tom.
Mmmmmm, looks like my friend might have to try and keep the new employer warm and try and negotiate an earlier way out with HR then.
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