Welcome to Germany. As an Expat in Germany, you maybe think that Germans always have the perfect regulation for each situation. And yes, you are almost right. Leaving your job has also been regulated legally and there are extreme precise regulations you shall respect If you are leaving your job in Germany. Nope, to just take your stuff and leave is not allowed. Here three things you should know about the termination of employment in Germany:
- The termination of employment relationships by notice of termination or termination agreement must always be made in writing in order to be effective, Section 623 of the German Civil Code (BGB). Failure to comply with the written form requirement therefore renders the declaration invalid. The written form requirement applies to both the employer and the employee.
- The notice of termination shall become effective when it is received by the other party. The written notice of termination shall be deemed to have been received if it has reached the sphere of influence of the other party so that it can be expected that the other party could have taken note of it. If the letter of termination is placed in the mailbox when it is sent by post, it is received at the time when it can be expected to be emptied. Fore more specific information please contact our legal team.
- If no notice period has been agreed in the employment contract or if reference is made to the statutory notice period, Section 622 of the German Civil Code (BGB) shall apply. This means:
A uniform statutory minimum notice period of four weeks to the 15th or to the end of a calendar month applies to the employees. In the case of a longer working relationship with the company, extended statutory periods of notice apply for the termination made by the employer; these are based on the duration of the existing employment relationship.
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