When does the employment relationship end after notice of dismissal has been given? The answer depends on statute, the collective agreement, the employment contract and length of service. A mistake in calculating the notice period can be expensive for both sides – for example in terms of salary, unemployment benefit or severance pay.
Key points at a glance
- The basic notice period is four weeks to the 15th or to the end of a calendar month (§ 622 Abs. 1 BGB).
- During an agreed probationary period (maximum six months), a notice period of two weeks applies.
- For dismissals by the employer, the notice period increases with length of service up to seven months.
- The contract may not set a longer notice period for the employee than for the employer.
- The notice period starts to run on receipt of the notice of termination.
Statutory notice periods under § 622 BGB
If the employer gives notice, the notice period increases depending on how long the employment relationship has existed in the business or company:
| Length of employment | Notice period (employer) |
|---|---|
| Probationary period (max. 6 months) | 2 weeks (to any day) |
| up to 2 years | 4 weeks to the 15th or end of month |
| 2 years or more | 1 month to end of month |
| 5 years or more | 2 months to end of month |
| 8 years or more | 3 months to end of month |
| 10 years or more | 4 months to end of month |
| 12 years or more | 5 months to end of month |
| 15 years or more | 6 months to end of month |
| 20 years or more | 7 months to end of month |
According to the wording of § 622 Abs. 2 Satz 2 BGB, periods of employment before the age of 25 are not to be taken into account. This rule infringes EU law because it constitutes age discrimination and is no longer applied (Court of Justice of the European Union (EuGH), judgment of 19 January 2010 – C-555/07, Kücükdeveci). The entire period of employment counts.
Resignation by the employee
By law, employees are only subject to the basic notice period of four weeks to the 15th or to the end of the month – regardless of length of service. However, many employment contracts extend the notice periods for both sides. This is permissible as long as the notice period for the employee is not longer than that for the employer (§ 622 Abs. 6 BGB). Excessively long commitments may be invalid if they unreasonably disadvantage the employee.
Different notice periods in collective agreements and employment contracts
- Collective agreements (Tarifverträge) may provide for shorter or longer notice periods (§ 622 Abs. 4 BGB). They apply if both parties are bound by the collective agreement or if the employment contract refers to it.
- Employment contracts may, in principle, only extend the statutory notice periods. Shorter periods are permitted only by way of exception: for temporary assistance of up to three months and in small businesses that normally employ no more than 20 employees (in that case at least four weeks, but without a fixed end date).
- Fixed-term contracts can only be terminated with ordinary notice if this has been agreed in the contract or in the applicable collective agreement (§ 15 Abs. 4 TzBfG).
Special notice periods
- Parental leave: The employee can give notice to the end of parental leave with a notice period of three months (§ 19 BEEG).
- Severely disabled persons: The notice period is at least four weeks (§ 169 SGB IX); in addition, the consent of the Integration Office (Integrationsamt) is required.
- Insolvency: The insolvency administrator can give notice of no more than three months to the end of the month, even if longer notice periods have been agreed (§ 113 InsO).
- Trainees: After the probationary period, ordinary termination by the training employer is excluded; the trainee can give four weeks’ notice if they abandon the training (§ 22 BBiG).
How to calculate the notice period
The notice period begins on the day after the notice of termination is received. It must have fully elapsed before the termination date is reached. An example: an employee has been employed for six years; the statutory notice period of two months to the end of the month applies. If the notice is received on 31 January, the employment relationship ends on 31 March. If it is not received until 1 February, it ends on 30 April.
A dismissal with a notice period that is too short is generally not invalid, but takes effect on the next permissible date. Whether this is the case, however, depends on the wording. If only a specific date is stated, the invalidity may have to be challenged within the three-week time limit. If in doubt, have this checked.
Practical examples
The following cases are simplified, typical scenarios from employment law practice. They are for illustration only; every individual case must be assessed separately.
Vocational training counts
Situation: An industrial clerk completed her vocational training at the company (three years) and has been employed there for seven years since. The employer gives notice of three months.
Legal assessment and approach: The training period is also taken into account in the length of the employment relationship. With a total of ten years, a notice period of four months applies. The employment relationship ends one month later, and remuneration must be paid for correspondingly longer.
Longer contractual notice period for the employee
Situation: An employment contract provides for a notice period of six months to the end of a quarter for the employee, but only the statutory notice period for the employer.
Legal assessment and approach: The one-sided extension to the detriment of the employee infringes § 622 Abs. 6 BGB. The longer notice period then also applies to the employer. The employee therefore could not simply resign earlier, but gained additional months when the employer later gave notice.
Notice in the letterbox on the last day of the month
Situation: The employer puts the notice of dismissal in the letterbox at 8 pm on 30 June; it wants to terminate with effect from 31 August (two months to the end of the month).
Legal assessment and approach: According to general practice, a letterbox is no longer checked in the evening. The notice was therefore not received until 1 July and only takes effect on 30 September. For the employee, this meant an additional month’s salary.
Frequently asked questions
Does the extended notice period also apply if I resign myself?
Only if your employment contract or collective agreement provides for this. Under statute, the basic notice period of four weeks always applies to employees.
Can I leave before the notice period expires?
Only with the employer’s consent, for example by means of a termination agreement or release from work. Leaving early unilaterally is a breach of contract.
Does the probationary period count towards length of service?
Yes. The probationary period is part of the employment relationship and is taken fully into account when calculating the extended notice periods.
What applies to a dismissal shortly before the end of the probationary period?
What matters is when the notice is received. If it is received on the last day of the probationary period, the two-week notice period still applies – even if the employment relationship only ends afterwards.
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Note: This information provides a general overview of the legal position (as of November 2026) and does not replace legal advice on your individual case.
This page is a translation of the German original. It is for general information only and does not replace legal advice on your individual case. German version