Termination notice in employment contract

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The company I work for has offered me a full time exempt contract (currently I have a full time hourly contract). One of the clauses of this new contract deals with termination notice periods in case either the company or me want to cease the work relationship. My current contract (the hourly one) calls for a termination notice of 3 months. The new exempt contract calls for a termination notice of 9 months. It is clearly stated in the contract that the company could seek compensation should I not abide by the termination notice period.

 

A 9 months notice seems excessive to me. It basically bounds the employee to work for a company for the rest of his professional life, or to take a significant financial hit in order to quit that job. At present time, I have no interest in leaving for another job; I am quite happy with my current one, but I cannot know if for one reason or another I might have to do it at some point in the future. I also find it very unlikely, that if I ever decided to switch jobs, a future employer would wait 9 months to get a new hire.

 

My role in the organization is not that critical, specialized or unique, so I do not understand the reasoning behind such a long termination notice period. Also, my compensation package is standard for my experience and education, so it is not like I am getting a very high compensation in return for the limited flexibility. I do not know if this could be considered a normal work condition in Germany either as this has been my only job here.

 

Can someone tell me if you have had a similar experience and if you managed to negotiate a shorter notice period? Is there a law that regulates minimum/maximum termination notice periods in Germany?

 

Thank you to all of you who take the time to respond.

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If you have been with the company for a while already and it is simply a case of changing your contract with them, why not at least ask why they have such a long notice period?

Basically, they can write anything they like in your contract, and you can agree to sign it or not...

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9 months is absolutely brilliant, because it means a) you are a valued employee and B) if they ever tried to can you, you have a nice cushion to get something else.

 

You have to look at the market. You may not see yourself as "critcial specialised ro unique", but clearly your company does. If you are at a level where they can specify 9 months, then usually any potential employer you apply to will know and understand that and it wont count it against you. In practice, if you lose a position merely because someone else can start 3 months earlier, it probably wasnt the right position.

 

Again, in practice, these things are usually negociable if push comes to shove, if only because no company really wants a demotivated employee hanging around for 9 months just waiting to go to the next job.

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Hi guys.

Related to the topic "termination of Employment", my contract (permanent) says :

"either party may terminate this contract by observing the notice periods set out in the collective labour agreement".

 

I have worked for this company for 1 year and 3 months.

I have checked on this forum and on Internet, but it's not clear to me. What I got it's that I have 1 month notice period and it can start every 15 days.

 

Can somebody help me?

Many thanks

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If you have been there less than 2 years, the legal notice period is 4 weeks to the 15th or end of the month. Say you give your notice today or up until Oct. 18th, you are out of there on Nov. 15th.

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[adminmerge][/adminmerge]

 

Hi,

 

I have a 1 year employment contract at a firm (Started in July) which I would like to terminate now (ahead of the full year). My contract is written in German and I really don't understand the translate via the web.

 

I was wondering if anyone could help me with understanding the below?

 

Probezeit, Beendigung des Arbeitsverhältnisses

(1) Eine Kündigung vor Dienstantritt ist beiderseits ausgeschlossen.

(2) Es gilt eine Kündigungsfrist von einem Monat zum Ende des Kalendermonats. Gesetzliche Verlängerungen der Kündigungsfristen gelten nicht nur für den Arbeitgeber, sondern in gleicher Weise auch für den Arbeitnehmer. Je-de Kündigung bedarf der Schriftform. Eine fristlose Kündigung gilt für den Fall ihrer Unwirksamkeit zugleich als fristgemäße Kündigung zum nächstzulässigen Termin.

(3) Im Falle der Beendigung des Arbeitsverhältnisses, aber auch bei längerer Abwesenheit im Unternehmen, z.B.

Freistellung oder ähnlichem, hat der Arbeitnehmer sämtliche im Eigentum des Arbeitgebers stehenden Unterlagen und Gegenstände (z.B. Berechtigungskarten, Schlüssel, Mobiltelefone, SIM-Karten, Laptop oder ähnliches) auf seine Kosten an den Arbeitgeber an dessen Sitz herauszugeben.

 

Does the above mean that if I were to hand in a one months notice today (Feb 7th) I would work until March 7th, or March 31st (end of calendar month..)

And on the below

 

(5) Der Arbeitgeber kann im Fall einer Kündigung den Arbeitnehmer im Rahmen von noch bestehenden Resturlaubs-ansprüchen und in konkreter Anrechnung auf solche freistellen. Darüber hinaus ist der Arbeitgeber berechtigt, den Arbeitnehmer im Fall einer Kündigung bis zum Ausscheiden unter Fortzahlung der Bezüge ganz oder teilweise, widerruflich oder unwiderruflich von der Arbeit freizustellen, soweit sein Interesse hieran das des Arbeitnehmers an der Weiterbeschäftigung überwiegt. Der Urlaub wird zu Beginn der Freistellungsphase gewährt.

 

Does this mean that I am entitled to payment for my holiday days that are outstanding...or I'm not?

Thank you SO much!

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March 31st.

If they decide to send you home immediately, you first have to use up your holiday days.

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your notice must be a full month, to the end of a month, i.e. 31 March is the earliest you can leave. You can hand in your notice today, or until 28 Feb, and 31 March will still be the final date of employ.

 

You are entitled to your holidays WITHIN your termination period. So assuming 30 days annual leave, you would have 8/12 of those (leaving four months early) = 20 altogether. Let's say you took a week during this time, plus altogether a week during the Xmas/new Year period (only the days not counted as Feiertag), you would now have 10 remaining, and you can take these between now and 31 March. If, however, the company decides to let you go early (normally done if someone is useless or would have important inside information), the holidays due to you would be included in that period.

 

Either way, you won't be getting the holidays paid on top of your wages - UNLESS the company wants you to stay until 31 March so badly that they ask you to not take holidays in that time and offer to pay you oot the 10 days instead.

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I am an international student, I have a part-time job with a contract for 1 year. My employer intends to terminate my contract before the due date. I have worked for about 3 months, according to the contract the trial period is 6 months, during this period both parties can terminate the contract with a period of 2 weeks. Reason for termination is my work is no longer available, that there is no work for me anymore. Am I entitled to any kind of  compensation??? Pls help me with an answer!!!!

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7 hours ago, briisaji said:

I am an international student, I have a part-time job with a contract for 1 year. My employer intends to terminate my contract before the due date. I have worked for about 3 months, according to the contract the trial period is 6 months, during this period both parties can terminate the contract with a period of 2 weeks. Reason for termination is my work is no longer available, that there is no work for me anymore. Am I entitled to any kind of  compensation??? Pls help me with an answer!!!!

 

A trial period is just that, and during this period you can quit or be fired without any reason and without any compensation.

 

Just bad luck I'm afraid!

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