A termination is a significant moment in your professional life. To help you navigate this situation, here’s everything you need to know about different types of termination, notice periods, and your next steps.
What types of termination exist?
- Ordinary termination – This type of termination follows a notice period. The statutory notice period is four weeks to the 15th or the end of the month. Employers must comply with longer notice periods depending on how long you have been with the company (§ 622 BGB).
- Immediate termination – In exceptional cases, an employment relationship can be terminated without notice if a serious reason exists, such as gross misconduct or breach of trust (§ 626 BGB).
- Termination with an offer of modified employment (Änderungskündigung) – The employer terminates the existing employment contract but simultaneously offers a continuation under new conditions, such as a different position or working hours.
Statutory notice periods
The notice period depends on how long you have worked for the company. Employers must observe the following deadlines:
- 2 years: 1 month to the end of the month
- 5 years: 2 months to the end of the month
- 8 years: 3 months to the end of the month
- 10 years: 4 months to the end of the month
- 12 years: 5 months to the end of the month
- 15 years: 6 months to the end of the month
- 20 years: 7 months to the end of the month
Note: Employment or collective agreements may specify different notice periods, so it’s always worth checking your contract.
Termination during the probation period
During the probation period, shorter notice periods apply. Your employer can terminate your contract with a notice period of two weeks (§ 622 Abs. 3 BGB). Likewise, you can also resign within this time with the same notice period.
What happens after termination?
If you have been terminated, you must immediately register with the Federal Employment Agency (Agentur für Arbeit) to avoid disadvantages when claiming unemployment benefits.
Learn more in my next blog: Obligations after termination – When do I have to register with the Federal Employment Agency?
If you suspect that your termination was unjustified, you may be able to file a dismissal protection lawsuit.
Learn how the process works and when it makes sense in my next post: What to do after termination? Dismissal protection lawsuit explained.
