What do I need to consider when terminating my employment contract?
July 21, 2022 | 45,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
My name is Sebastian Hausdorf and I have been working as a marketing manager in a medium-sized company for five years. Unfortunately, I am not satisfied with my current professional situation and am therefore considering terminating my employment contract. However, I am unsure about the legal aspects I need to consider and the best way to proceed.
My employment contract does not contain any specific provisions regarding termination, so I have to adhere to the legal requirements. I am concerned that my employer may cause difficulties when I submit my resignation, as I hold an important position in the company and my departure could leave a gap. Therefore, I want to make sure that I do everything correctly and have no legal consequences to fear.
My concerns mainly relate to the correct wording of the resignation and the timing at which I should submit it. I also wonder if I am entitled to a severance payment and how much it could potentially be. Furthermore, I would like to know if it is possible to find an amicable solution with my employer to avoid potential conflicts.
Could you please provide me with more information on what I need to consider when resigning from my employment contract? Are there specific deadlines I need to adhere to, and what rights and obligations do I have as an employee in this situation? I would greatly appreciate your help and support.
Thank you in advance.
Sincerely,
Sebastian Hausdorf
Dear Mr. Hausdorf,
Thank you for your inquiry regarding the termination of your employment contract. It is understandable that you feel unsure and want to make sure that you are doing everything correctly and do not have to fear any legal consequences. Therefore, I will provide you with detailed information on the legal aspects of termination.
First of all, it is important to mention that the legal regulations regarding the termination of employment contracts are governed by the Civil Code (BGB). According to § 622 BGB, the statutory notice period for employees is usually four weeks to the 15th or the end of a calendar month. This period is extended depending on the length of employment. Since you have been working in the company for five years, your notice period according to legal regulations is one month to the end of the month.
Regarding the wording of the termination, it is important that it is done in writing and is clearly and unambiguously formulated. Furthermore, you should personally sign the termination letter to ensure its legal validity. In your case, I recommend handing over the termination letter personally to your employer or sending it by registered mail to have a legally secure evidence of the termination's receipt.
As for severance pay, you generally only have a right to severance pay if it is contractually agreed upon or if a social plan or company practice provides for it. In your case, since your employment contract does not contain specific provisions regarding severance pay, there is no automatic entitlement to it. However, it may be possible to reach an amicable solution with your employer that includes a severance payment. It is advisable to have a conversation with your employer and find a solution that is acceptable to both parties.
Overall, it is important that you consult an experienced labor law attorney in a timely manner if you have any questions regarding the termination of your employment contract, to ensure that you are correctly considering all legal aspects. I am happy to provide further advice and support.
Sincerely,
Friedhelm Krebs
Attorney at Law for Civil Law
