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The exact meaning of "one month notice"

Regarding employment contracts for freelancers

Toytown Germany > Discussion forum > Germany-wide > Business
vijay.parsam
Hi Folks,

I know that there are many people from UK here so looking for advice from you regarding contract termination. (Inputs from others are well appricated too, not biasing here !! )

Background : I am an Indian staying in Germany sice 7 years and have Daueraufenthalt EG and am working as a freelancer for a UK company in Munich (My contract specifically says location of work is Munich) . I am paid in Euros. The termination period is 1 month from both the sides

Allow me to quote the contract extract

"
9. The company reserves the right of terminating this contract at any moment in time with 1 month notice.
10. A consultant has a right to terminate this contract at any time with 1 month notice.
"

Question 1 : Does this 1 month mean 30 days from the date the termination letter is sent or to the end of the month after 30 days . Meaning, if the termination letter is sent on 14th April, does the contract end on 14th May or 31st May.

I am asking because this is the first time I work as freelancer and some changes are expected in the near future. I know from working as an employee in Germany that even though the contract has the same 1 month notice period , nobody leaves in the mid of the month . Even if the person leaves office in the middle of the month he / she either takes his remaining holidays or the company sends him / her on paid holiday . In that sense the termination is to the end of the month obviously. So all I am asking is does 1 month here mean 30 days or 30 days + days till the end of the month.

This question arises obviously because the company is located in UK and how is this interpereted in UK.

Question 2: If in any case differences arise, which law is applicable , british or german? - I hope this does not lead to a legal battle but am just asking because I dont know how this 1 month is interpretted in UK and in Germany

Thanks for your patience
Vijay
Hutcho
It seems clear to me. They terminate your contract, and then 1 calendar month later you leave. I don't know why you'd assume that you work to the end of the month, contractors come and go all the time.
vijay.parsam
@hutcho,
thanks for the feedback.
sarabyrd
In German law, a one month deadline means one month to the day, i.e. the same date of the following month, and not four weeks. If the following month does not have that day (29/30/31) the day closest to it in the following month is the set date. So if the contract is terminated e.g. on 31 March 2008 the termination becomes valid on 30 April 2008.
Bell the cat
same in the UK sara. Usually the termination has to be in writing from either the employee or the employer and the date of termination will be the exact same numbered day in the next calendar month.
sarabyrd
Isn't it comforting to know that in spite of the many differences between the two countries a month is still a month and not some random number of days?
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