Prerequisites for the effectiveness of a termination:

A termination is a unilateral declaration of intent, which must be made in writing within the framework of the termination of employment relationships in accordance with § 623 BGB. Written form is met if the notice of termination was signed by the exhibitor himself with his name or by means of a notarized hand sign (§ 126 Para. 1 BGB).

Third Party Termination:

If a person other than the contracting party wishes to give notice of termination to the other contracting party, the notice of termination must be accompanied by an original power of attorney. Otherwise the termination can be rejected (immediately) according to § 174 BGB.

Statutory notice periods:

Section 622 BGB regulates which notice periods apply to ordinary termination of employment relationships.

According to Section 622 (1), the employment relationship can be terminated with a notice period of four weeks to the 15th or to the end of a calendar month. If a probationary period has been agreed, the employment relationship can be terminated with a notice period of two weeks in accordance with Section 622 (3) of the German Civil Code.

For ordinary termination by the employer, the notice period is according to § 622 Para. 2 BGB

·one month at the end of a calendar month if the employment relationship two years has passed,

·two months at the end of a calendar month if the employment relationship five years has passed,

·three months at the end of a calendar month if the employment relationship eight years has passed,

·four months at the end of a calendar month if the employment relationship ten years has passed,

·five months at the end of a calendar month if the employment relationship twelve years has passed,

·six months at the end of a calendar month if the employment relationship fifteen years has passed,

·sseven months at the end of a calendar month if the employment relationship twenty years has passed.

Contractual / collective agreement notice periods:

According to Section 622 (5) of the German Civil Code, other notice periods can be agreed in individual contracts,

·if an employee is hired for temporary help; this does not apply if the employment relationship is continued for more than three months;

·if the employer generally employs no more than twenty workers, excluding those employed in their vocational training, and the notice period is four weeks.

Deviating from § 622 BGB, special deadlines for the duration of the probationary period and beyond can also be agreed in the collective agreement.

You might also be interested in: unfair dismissal lawsuit .

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