Definition
The notice period is the time between the receipt of the notice of termination and the end of the employment relationship. The statutory basic notice period is four weeks to the 15th or the end of a calendar month. For the employer, this is extended with increasing length of service – after 20 years to up to seven months to the end of the month. During the probationary period, a shorter notice period of two weeks applies. Where several provisions apply simultaneously – statutory, collective agreement or contractual – the one most favourable to the employee always applies.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
The statutory basic notice period is four weeks to the 15th or the end of the month (Section 622 of the German Civil Code). It increases with length of service – after 20 years, it extends to up to seven months to the end of the month. Shorter notice periods in the employment contract are only permitted within strict limits.
Distinction from related terms
Termination without notice: In the case of termination without notice, the notice period is waived entirely. The notice period is only relevant in the case of ordinary termination.
Contractual notice period: In addition to statutory notice periods, longer periods may be agreed in the employment contract. These take precedence over statutory provisions, provided they are valid.
Practical tip
Many employees significantly underestimate their notice period. The longer the notice period, the longer their salary continues to be paid – even during legal proceedings. You should therefore make sure to check which notice period applies to you: your contract, the collective agreement or the law – whichever is most favourable to you applies.
