Employees do not remain with a company permanently. They leave, but not in the same way they enter.
As Germany has many laws governing hiring, onboarding, and ongoing compliance, certain rules and regulations also apply when an employee leaves under notice period requirements.
This is not a simple notice of resignation and company acceptance. The company must follow legal requirements; otherwise, it may face serious issues while operating in Germany.
That’s why, in this post, we discuss all the important laws that every foreign employer must know regarding notice periods.
Author
Employees do not remain with a company permanently. They leave, but not in the same way they enter.
As Germany has many laws governing hiring, onboarding, and ongoing compliance, certain rules and regulations also apply when an employee leaves under notice period requirements.
This is not a simple notice of resignation and company acceptance. The company must follow legal requirements; otherwise, it may face serious issues while operating in Germany.
That’s why, in this post, we discuss all the important laws that every foreign employer must know regarding notice periods.
Author
A notice period (Kündigungsfrist) in Germany is the legally defined time between when a termination is formally communicated and when the employment relationship officially ends.
During this period, employees continue working and receive their salary. Terminations that do not follow notice period rules can be invalid, and employers may be exposed to legal disputes. Notice periods apply to:
Notice periods in Germany directly impact workforce planning, legal compliance, and termination costs. For foreign employers, the importance is even higher because:
The German Civil Code (Bürgerliches Gesetzbuch – BGB), Section 622 governs notice periods in Germany. This law defines the minimum legal requirements for terminating employment relationships.
The BGB ensures that both employees and employers follow standardized termination rules. It protects employees from sudden job loss and also helps employers with workforce management.
Individual employment contracts or collective agreements can modify the terms, but they cannot go below the statutory minimum protections set by the BGB.
German law sets clear baseline notice periods that apply when no special contractual or collective agreement exists. The minimum notice period is 2 weeks, but only when a probationary period (Probezeit) has been expressly agreed in the employment contract. A probationary period may last a maximum of 6 months.
Notice period rules in Germany apply to both employers and employees, but they are not always the same.
Employees usually follow a standard notice period (commonly 4 weeks).
Employers must follow statutory or longer notice periods based on employee tenure.
Contract vs law: If an employment contract defines notice periods, they must still comply with the minimum standards set by the BGB.
During the probation period (commonly up to 6 months), unlike the standard notice period, the 2-week probation notice is not tied to the 15th or end of the month, it can take effect on any calendar day. However, even during probation, employers must provide termination in writing. If no probationary period is expressly agreed in the employment contract, the standard 4-week notice period applies from the very first day of employment.
Once the probation period ends, the standard statutory notice period under German law becomes 4 weeks to either the 15th or the end of a calendar month. A contract or collective agreement can modify this; otherwise, it applies equally to both employees and employers.
In Germany, employee and employer notice periods are not always the same.
Employees are usually required to give a standard 4-week notice after probation, unless their contract specifies a longer period.
Employers must follow legally extended notice periods based on tenure, which are often much longer than employee obligations.
For employees with up to 2 years of service, the statutory notice period is short. The standard notice period during this time frame is 4 weeks to either the 15th or the end of a calendar month. During this tenure, no extended employer protection rules apply yet. After probation, employers and employees generally follow the same baseline notice period.
Once an employee exceeds 2 years of service, German law introduces progressively longer employer notice periods.
The notice period increases in stages:
These extensions apply only to employer-initiated terminations, not employee resignations.
Yes, employers can define custom notice periods in employment contracts. However, compliance with German legal minimum standards is mandatory. Notice periods can be longer than statutory rules but not shorter. Employee-friendly rules are allowed, and contracts must comply with the German Civil Code.
A contractual notice period will apply instead of statutory rules only when it meets the following conditions:
Certain contract clauses are not enforceable under German law, including:
As mentioned earlier, during the probation period, notice periods are shorter, with a standard of 2 weeks. This applies to both employers and employees.
Fixed-term (temporary) contracts in Germany usually end automatically on the agreed date, meaning no notice period is required at expiry. Early termination is only possible if the employer explicitly includes this option in the contract.
Part-time employees follow the same statutory notice rules as full-time employees:
In small businesses (those regularly employing 10 or fewer employees, counted pro-rata for part-time staff), the Dismissal Protection Act (KSchG) does not apply. However, statutory notice periods still apply, and employers must still respect minimum BGB requirements.
Collective bargaining agreements can significantly modify notice rules:
In Germany, the notice period starts when the notice of termination is received by the other party, not when it is sent. The termination must be delivered and received to be legally effective. An important nuance is that under § 623 BGB, terminations must be in strict written form, meaning a letter with an original wet-ink signature on paper. Termination via email, fax, SMS, or verbal notice is always legally invalid, regardless of any prior agreement between the parties. The countdown begins on the day the notice is received.
German notice periods often end on specific dates, depending on the contract or statutory rule. The two main structures are:
Example: If the notice period is 4 weeks to month-end, termination may end on the 31st of the month rather than exactly 28 days later.
Employer of Record (EOR) service providers, such as FMC Group in Germany, allow companies to hire employees without establishing a legal entity. They handle payroll, maintain employment records, manage leave, onboard employees, and process taxes and social contributions. They also manage employee terminations on behalf of the client company in accordance with German labor law.
During this process, EORs ensure that notice period requirements are properly applied and help reduce the risk of non-compliance. If you want to learn more about this service, you can book a free 30-minute call to receive a customized hiring plan.
You need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Turnstile. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Vimeo. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More Information
