Information for Employees
Termination of employment
Notice of termination must be issued in writing. This rule applies to employers and employees alike. In order to be recognized as valid, notice of termination must be delivered to the address at which the employee is registered with his or her employer.
There are two types of termination: ordinary termination upon expiration of a mandatory notice period and extraordinary termination for cause.
In the case of an ordinary termination, the employer or employee must observe the applicable notice periods. The law specifies the following notice periods for employers:
- During the probation period (max. 6 months): 2 weeks (this period may be shorter under the terms of a collective bargaining agreement)
- After the probation period: 4 weeks to the 15th or last day of a calendar month
- After 2 years: 1 month to the end of a calendar month
- After 5 years: 2 months to the end of a calendar month
- After 8 years: 3 months to the end of a calendar month
- After 10 years: 4 months to the end of a calendar month
- After 12 years: 5 months to the end of a calendar month
- After 15 years: 6 months to the end of a calendar month
- After 20 years: 7 months to the end of a calendar month
The notice period begins on the date on which notice is served, and not on the date on which it is issued or mailed!
According to Art. 626, paragraph 1 of the BGB, employment can be terminated immediately for cause. Sufficient cause is recognized in cases in which certain demonstrable facts make continuation of the employment relationship unacceptable for the terminating party (for the employee, these may include non-payment of wages, violations of work safety regulations, etc.; for the employer, false claims of inability to work, refusal to perform duties, disruption of order within the organization, etc.).
The reasons for termination must be given on request. Notice of extraordinary termination must be issued within a limitation period of 2 weeks and delivered to the recipient within that period. As a rule, an extraordinary termination must be preceded by a written warning in cases involving alleged improper conduct.
If you receive notice of termination and find the explanation unacceptable, you may take action in your defence. You then have 3 weeks to file an unfair dismissal complaint with the appropriate local labour court. This period begins on the date on which the notice of termination is served. Should you fail to file your complaint within this period, termination will be recognized as valid, regardless of whether it is objectively justified or not.
Protection against wrongful dismissal
In organizations with more than 10 full-time employees (part-time positions are added together), all employees who have been employed for more than 6 months are covered by the general regulations regarding protection against wrongful dismissal as set forth in the Kündigungsschutzgesetz (Protection against Dismissal Act, KSchG). An employer may dismiss an employee only for reasons relating to conduct, personal capability or organizational necessity.
There is special protection against dismissal for some groups: severely disabled persons, fathers and mothers on parental leave, workers councils, trainees, caring persons, holders of political elective offices. They can only be dismissed with the consent of the authorities.
Women during pregnancy and 4 months after childbirth may not be dismissed. Pregnant women may also not be dismissed while being in the probation period. However, the prerequisite for this is that the employer knew about the pregnancy. The expectant mothers have two weeks after receipt of the letter of termination to inform their employer about their condition. If they do not do so, the termination is effective despite pregnancy.