Employment notice periods (Kündigungfrist)

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Just as a note for others. I quit my job a few months ago. I had to give 3 months' notice after the end of the current month. As luck would have it, my work permit would have expired during the 3rd month for the company I was working for (I could have renewed it if I wanted to). My boss wanted me to stay, but a quick, "It would be illegal for me to work in July for this company" put an end to that, and they let me go after 2 months.

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Hello,

I also intend to change my job and currently, my employment contract contains the following: "The Employment Contract may be terminated by either party by observing a notice period of 4 weeks to the end of the quarter". I see that this clause looks identical to the one that was used to start this thread 10 years ago, but can somebody still confirm that, according to current laws, this notice would mean that I need to stay until the end of the current quarter if my resignation letter is handled with more than 4 weeks in advance or otherwise until the end of the next quarter? For example, if notice is handled in 15 October, is it correct to assume that legally I need to stay until the end of December?

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yes. No change there. It's just that it used to be standard to have quarterly notice periods (although it was even longer, 6 weeks to the end of a quarter), and now the standard is somewhwta shorter. But if a longer period is in your contract, both sides are bound to it as it supposedly helps both.

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I'm on an AÜG contract and I can't find anything for minimum notice period in my contract after looking for kündigungsfrist. Just stuff related to retirement and latest date to make claims against the employer (3 months). All I find is this:

 

 

§ 11 Beendigung des Arbeitsverhältnisses

1. Das Arbeitsverhältnis endet mit Ablauf des Kalendermonats, in dem der Mitarbeiter Anspruch

auf eine Altersrente hat, spätestens mit Ablauf des Monats, in dem der Mitarbeiter das 67. Lebensjahr vollendet hat oder durch Kündigung.

2. Die Kündigung bedarf der Schriftform. Vom siebten Monat des Arbeitsverhältnisses an gelten für beide Vertragspartner die gesetzlichen Kündigungsfristen.

3. Das Recht zur fristlosen Kündigung aus wichtigem Grund bleibt unberührt.

From reading the thread, it appears to be four weeks before the end of the quarter. So if I were planning on leaving my job at the end of January, I should give notice about the beginning of December?

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no. If you've already been there for 6 months, the legally binding notification periods set in. This means for the employee 4 weeks to the end of the month, or to the 15th of the month. If the employer wants to get rid of you, it's longer.

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[adminmerge][/adminmerge]

 

Hi,

 

My employment contract states that I have to give a notice to leave the company one quarter before. So it looks like I am allowed to quit only 4 times per year.

 

If I give in my notice letter:

- from now until Dec.31, 2013: I have to work until the end of the quarter (March 31, 2014) and I can only start with the new company on April 1, 2014

- between April 1st 2014 and June 30, 2014: I have to work until September 30, 2014 and I can only start with the new company on October 1st, 2014.

- ...

 

Does this look legal? What does the German law say about notice period?

 

Is there a way to work around this to be able to accept a new offer and start a new job before this long waiting period?

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The German laws regulate *minimum* notice periods - If you negotiate a longer period that's entirely up to you, as long as you are not disadvantaged vs. your employer it's legal.

 

Of course, if you are having to ask things like this, I wonder if that is actually what is in your contract, as the "zum Quartal" thing is, as mentioned above, old fashioned.

 

Your list of timings is correct, but of course you are missing notice between 01.01 and 31.03 -> leave on June 30.

 

In practice none of this is important, because German employers are used to German notice periods, so if you have the importance or seniority to command a3months notice period, your future employer won't be expecting you to be able to start before then.

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Dear All,

 

It would really be very kind, if someone could clarify me on the following clause (B.) that I have in my job contract paper.

 

;;;

 

A. Während der Probezeit kann das Arbeitsverhältnis beidseitig mit einer Frist von zwei Wochen gekündigt werden.

 

B. Sodann beträgt die Kündigungsfrist 6 Wochen zum Ende eines Jahresquartals. Soweit der Arbeitgeber von Gesetzes wegen für die von ihm ausgesprochene Kündigung längere Fristen einzuhalten hat als der Mitarbeiter für die von ihm ausgesprochene Kündigung, gilt die jeweils längere

Kündigungsfrist auch für die Kündigung seitens des Mitarbeiters.

 

;;;

 

Clause A. is clear, since I have well passed my probation time (in my job's 3rd year.)

 

I have basically a confusion in clause B. Does it mean, if I want to resign, I should at max submit my resignation 'after' the end of 6th week of an ongoing yearly quarter OR 6 weeks 'before' the yearly quarter ends?

 

Either way, please tell me the last day (of the current quarter, Jan - Mar) on which I can resign.

 

Many thanks.

 

[adminmerge][/adminmerge]

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Hi fynn,

 

 

Sodann beträgt die Kündigungsfrist 6 Wochen zum Ende eines Jahresquartals. Soweit der Arbeitgeber von Gesetzes wegen für die von ihm ausgesprochene Kündigung längere Fristen einzuhalten hat als der Mitarbeiter für die von ihm ausgesprochene Kündigung, gilt die jeweils längere Kündigungsfrist auch für die Kündigung seitens des Mitarbeiters.

 

Then the period of notice is 6 weeks to the end of the quarter year. Insofar as the law requires the employer when terminating to observe a longer period of notice than that which the employee when terminating must observe then the longer period of notice also applies for termination by the employee.

 

Whether the second sentence has any bearing in your case may depend on other factors (outside your contract) such as works council or trade union agreements or in-house seniority clauses etc.. You may want to verify with your Betriebsrat or Gewerkschaft rep/s or HR whether any of those factors could apply.

 

If you turn in your notice in writing by the 14th February your employer will have it 6 full weeks prior to the end of March.

 

HTH

 

2B

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On 11.5.2013, 14:06:06, LeonG said:

When an employee gives notice, it's 4 weeks to the 15th or to the end of the month unless their contract states something else.

 

I am still oblivious to this, does this means you have to work UP TO 15th or 15th included?

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5 hours ago, Squareidiot said:

 

I am still oblivious to this, does this means you have to work UP TO 15th or 15th included?

 

I haven't seen anything in writing about that but since the end of the month means including the last working day of the month I would assume that to the 15th would include the 15th.

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Hi everyone,

 

My apologies if this has been answered before- I searched and read as many threads as possible, but did not find the exact same situation.

 

I am about to hand in my notice of resignation to my current employer. My contract states that my notice period is 3 months, without any other details. It does not say 'to the end of the quarter' or 'to the 15th or the end of the month', or anything else like that.

Does this mean that I can quit exactly 3 months from now (i.e. 22nd of October), or does the law require me to stay til the 31st of October?

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Write

 

"Hiermit kündige ich das Arbeitsverhältnis unter Einhaltung der maßgeblichen Kündigungsfrist zum 23.10.2019, hilfsweise zum nächstmöglichen Termin. "

 

and the employer will let you know when your last day is. Be aware that the clock starts ticking when the employer receives the resignation, not when you send it, so you better have a way to prove the date of reception...

 

Also make sure that the name of the company is correct, sending a resignation to "Bäckerei Schmitz" when the real company name is "Friedrich Wilhelm Schmitz Backwaren GmbH & Co. KG" causes trouble...

 

If you want to resign *now* and have legally valid proof *now*, too: Send it by fax and keep the sending report of the fax machine...

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On 7/22/2019, 8:51:03, franklan said:

Write

 

"Hiermit kündige ich das Arbeitsverhältnis unter Einhaltung der maßgeblichen Kündigungsfrist zum 23.10.2019, hilfsweise zum nächstmöglichen Termin. "

 

and the employer will let you know when your last day is. Be aware that the clock starts ticking when the employer receives the resignation, not when you send it, so you better have a way to prove the date of reception...

 

Also make sure that the name of the company is correct, sending a resignation to "Bäckerei Schmitz" when the real company name is "Friedrich Wilhelm Schmitz Backwaren GmbH & Co. KG" causes trouble...

 

If you want to resign *now* and have legally valid proof *now*, too: Send it by fax and keep the sending report of the fax machine...

 

Thank you so much for this, helped immensely. I left out the "hilfsweise zum nächstmöglichen Termin", so as not to give them any option to take advantage of me and claim that I have to leave at the end of the month.

 

An update, for the benefit of others who may have the same question: First off, reminder that my contract stated 3 months notice, without any more details (no statement "until the end of the month" or "quarter").

 

As it turns out, I am able to leave exactly 3 months from the date I handed the letter. Thus, if the contract mentions nothing except the notice period, then you have no obligation to stay until the 15th, or end of the month.

 

 

 

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