Notice period for employees.
May 4, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I have been working as a plasterer at my company (4 employees) for 4 years and 9 months without a contract. Now I would like to resign and would like to know my notice period.
Thank you.
Sincerely, R.M.
Dear inquirer,
Thank you for your inquiry!
I would like to address your inquiry as follows:
First, you need to check your employment contract to see what notice period is stated there. If there is nothing mentioned about a notice period, you will need to refer to the law, specifically § 622 BGB. When it comes to notice periods, it is important to distinguish between termination by the employee and termination by the employer.
According to § 622 (1) BGB, the notice period for the employee (if the employee resigns) is always one month, regardless of how long they have been employed.
In the case of termination by the employer, the length of service is indeed important. Based on your description, you have been employed for more than 4 but less than 5 years.
Therefore, if the employer were to terminate your employment, the notice period according to the law would also be one month, ending at the end of the month.
Only after reaching 5 years of service, which is soon in your case, does the notice period extend to two months.
I have attached the relevant legal provision for you to better understand my explanations:
[§ 622 BGB text]
I hope this information has been helpful to you. Feel free to contact me via my email address or through the option to ask further questions.
I wish you a pleasant Wednesday afternoon!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
