In employment relationships, the German Employment Protection Act ( notice period) governs when a contract actually ends following a notice of termination. It ensures that the employment relationship is not terminated abruptly, but that both parties have time to plan and complete the handover. Depending on statutory provisions, the employment contract, or a collective bargaining agreement, different notice periods ( deadlines ) may apply. This glossary entry explains the most important fundamentals, legal provisions, and calculation steps related to the notice period ( notice period ) and highlights what employees and employers should keep in mind.
What is a " notice period"?
The “ notice period ” is the period between the receipt of a notice of termination and the actual end of the employment relationship. It therefore determines how long an employment relationship continues after the notice of termination has been given.
In practice, the notice period begins as soon as the other party receives the notice of termination. The employment relationship does not end immediately, but only after the applicable notice period has expired.
notice period provides reliability for both sides. Employees are given time to reorient themselves professionally, and employers can delegate tasks, plan for replacements, and implement personnel changes in an orderly manner.
Depending on the employment contract , different notice periods may apply, for example, due to collective bargaining agreements or length of service. A fundamental distinction is made between ordinary termination with notice and extraordinary, immediate termination. The latter is only possible under strict legal conditions.
Anyone familiar with the " notice period " can better understand when a contract ends and calculate it accurately.
Overview of statutory notice periods
The statutory notice periods are regulated in the German Civil Code (BGB) and always apply unless a different regulation has been agreed in the employment contract or collective agreement.
For employees, the statutory notice period ( notice period ) is generally four weeks, effective on the 15th or at the end of a calendar month. It is important to note that four weeks are not equivalent to one month, but correspond exactly to 28 days.
During an agreed probationary period, which may last a maximum of six months, the employment relationship can usually be terminated with a notice period of two weeks to any day .
For employers, the notice period ( notice period ) increases with the length of service. After two years of employment, it is one month, effective at the end of the month. With longer service, it increases gradually to up to seven months.
Collective bargaining agreements may deviate from these statutory requirements and, to the extent they apply, take precedence over the provisions in the employment contract. If the employment contract does not contain its own provision or expressly refers to the statutory notice period, the provisions of the BGB automatically apply.
Thus, the statutory “ notice period ” serves as the central guideline for most terminations under labor law.
Properly document the start and end of the contract
The start and end dates of the contract should be clearly documented in the employment relationship. This provides clarity on when deadlines begins and when the employment relationship ends.
The start date of the contract is relevant, among other reasons, because it determines the length of service. This plays a central role in employers’ statutory notice period obligations. Furthermore, provisions regarding probationary periods and agreed-upon notice periods can only be properly applied if the start date of the employment relationship is clearly established.
Equally important is the documentation of the contract termination. This can result from a standard termination, a summary dismissal, the expiration of a fixed-term contract, or a mutual termination agreement. The decisive factor in each case is the basis on which the employment relationship was terminated and the legally valid date.
Clear documentation is essential for correctly calculating notice periods and complying with them in a legally sound manner. Only when the start and end dates of an employment relationship are clearly established can deadlines be reliably determined and verified.
Individual contractual notice periods
In addition to the statutory notice period ( notice period ), employers and employees may also agree on individual notice periods in the employment contract. Such contractual notice periods specify exactly how long the employment relationship will continue after notice of termination is given.
Many employment contracts contain their own provisions, such as six weeks’ notice at the end of the quarter or three months’ notice at the end of the month. These agreements supersede the statutory notice period, provided they have been validly agreed upon.
In practice, notice periods are often extended, especially for positions with greater responsibility or longer handover periods. This allows more time for a structured handover and an orderly succession.
Depending on the company, industry, or position, this can result in different deadlines . That is why it is important to be fully familiar with the specific provisions in the employment contract and, if in doubt, to review them carefully. These provisions play a decisive role in determining when an employment relationship ends and which deadlines must be observed in the event of termination.
Freedom of contract and contractual regulations
The possibility of individually agreeing notice periods is based on the principle of freedom of contract. This allows the contract partners to determine the contents of an employment contract themselves.
In employment law, however, this freedom is deliberately limited. Legal regulations set the framework for contractual agreements. Therefore, any differing notice periods should always be checked for their legal validity. The aim is to ensure a balanced relationship between the interests of employers and employees.
Freedom of contract explains why individual notice periods are even possible. At the same time, it ensures that these regulations do not lead to one-sided or unreasonable results.
It thus forms the legal basis for individual agreements without negating the protective purpose of labor law.
Validity in the event of discrepancies deadlines
Not every contractually agreed-upon notice period is automatically valid. The decisive factor is whether the specific provision complies with legal requirements and is legally permissible.
In labor law, it is particularly important that the notice period ( notice period ) for employees may not be longer than that for the employer. In addition, the notice period must not be shorter than the statutory minimum. These requirements are intended to prevent unilateral disadvantages and ensure fair conditions for both parties.
If a contractual provision violates these requirements, it is invalid in whole or in part. In such cases, it is replaced by the statutory provision notice period.
Therefore, particularly in the case of individually negotiated deadlines , it is important to carefully review the specific terms and, if in doubt, determine their legal classification.
Collective bargaining agreements and company agreements
In many sectors, such as the public sector, the metal and electrical industries, or retail, collective bargaining agreements apply that stipulate specific notice periods. These agreements are negotiated between employers' associations and trade unions and create uniform standards for entire sectors or companies.
Collective bargaining agreements are particularly relevant because they are binding and take precedence over individual employment contracts. They can deviate from statutory regulations and stipulate both longer and shorter notice periods. The aim is to take industry-specific characteristics into account and to create a balance between employer and employee interests.
Anyone subject to a collective bargaining agreement should therefore always check which provisions apply under that agreement, as these may be decisive for the notice period .
Company agreements can play an additional role. These are agreements between the employer and the works council that establish internal company regulations, such as working hours or organizational procedures. However, they do not automatically replace collectively agreed or statutory notice periods.
notice period How to Calculate – Here's How
Anyone who wants to calculate the date of termination ( notice period ) must first determine the date on which the notice of termination was received. The decisive date is the day on which the other party receives the notice of termination—for example, when it is delivered in person or placed in the mailbox.
Next, it must be determined which notice period applies. The order in which these are considered is important: First, it should be determined whether a collective bargaining agreement applies. Next comes the employment contract. Only if neither of these contains a valid provision does the statutory notice period ( notice period ) under Section 622 of the German Civil Code (BGB) apply.
Only then can the contract end date be calculated. With the statutory notice period for employees of four weeks to the 15th or the end of the month, simply adding 28 days is insufficient. It is also crucial to determine whether the next permissible termination date is the 15th or the end of the month.
Anyone who has a specific contract end date in mind should use the notice period to calculate backward from the planned termination date and determine the latest date by which the notice of termination must be received. It’s especially important to be careful when factoring in mail delivery times, weekends, and holidays to ensure that the notice period is not accidentally missed.
notice period Getting around restrictions—what's allowed?
In principle, a " notice period " cannot be circumvented at will. It is legally binding and must be complied with unless there are special circumstances.
Nevertheless, there are cases in which an employment relationship ends before the regular term notice period expires, or in which the actual employment is terminated earlier. One option is a termination agreement. In this case, the employer and employee mutually agree on a specific termination date.
Another exception is extraordinary termination without notice pursuant to Section 626 of the German Civil Code (BGB). However, this requires a compelling reason and is only permissible under strict conditions. Typical examples include serious breaches of duty, criminal offenses, or a significant breach of trust.
This is distinct from the practical arrangement of the remaining time until the end of the contract. In some cases, remaining vacation days, time off, or overtime can lead to the obligation to work ending even before the legal termination of the employment relationship.
Therefore, the crucial distinction is between the legal end of the contract and the actual last day of work .
Termination agreement instead of dismissal: An alternative without notice?
A termination agreement is a mutual agreement between an employer and an employee to terminate the employment relationship at a date freely chosen by the parties. It must be concluded in writing; otherwise, it is invalid. Unlike in the case of ordinary termination, there is no requirement to observe any statutory or contractual notice period .
This is precisely why a termination agreement is often used as an alternative to dismissal. Both parties can not only agree on the termination date, but also regulate other points, such as garden leave, remaining vacation days, severance pay, or the letter of reference.
For employers, a termination agreement can be a legally sound solution because it often avoids lengthy disputes over dismissals. For employees, it can be advantageous if a quick job change is desired or if a new position has already been secured.
At the same time, caution is advised. A termination agreement can affect entitlement to unemployment benefits. A waiting period may be imposed. Furthermore, the option of later having the termination legally reviewed, as would be the case with a dismissal, is lost.
Therefore, a termination agreement should always be carefully reviewed before signing.
notice period Table: An Overview of All " deadlines "
A " notice period " table helps you quickly categorize the legal " deadlines ." In labor law in particular, it is important to distinguish whether the termination is initiated by the employee or by the employer.
For employees, the statutory notice period of four weeks generally applies after the probationary period, effective on the 15th or at the end of the month. For employers, the notice period ( notice period ) increases with the length of service.
The table provides guidance based on statutory provisions. In individual cases, however, employment contracts, collective bargaining agreements, or special provisions may result in different deadlines . Therefore, you should always verify which specific provision applies.
Conclusion: The most important points at a glance
notice period determines when an employment relationship actually ends and must therefore be correctly interpreted and complied with. However, differing provisions in the law, employment contracts, or collective bargaining agreements often make the calculation complex in practice.
The following applies equally to employees and employers: Review the " deadlines " well in advance, plan the delivery of the notice of termination carefully, and be thoroughly familiar with the applicable regulations. This is the only way to avoid mistakes and unnecessary risks.
ContractHero helps you centrally document notice periods, monitor them automatically, and keep track of contract terms and deadlines at all times. This ensures that deadlines are reliably met and processes are managed efficiently.
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