Notice Period (Germany)
The legally mandated advance notice required to terminate employment in Germany, governed by Section 622 of the BGB (Civil Code) and increasing with length of service.
- What Is the Notice Period in Germany?
- Statutory Notice Periods Under Section 622 BGB
- Notice During the Probation Period (Probezeit)
- Collective Agreements and Notice Periods
- Employees with Special Dismissal Protection
- Termination Agreements (Aufhebungsvertrag)
- Practical Steps for Terminating Employment in Germany
- Frequently Asked Questions About Notice Periods in Germany
What Is the Notice Period in Germany?
Key Takeaways
- ✓Germany's statutory notice periods are set in Section 622 of the BGB (Burgerliches Gesetzbuch, the Civil Code).
- ✓The basic notice period is 4 weeks to the 15th or end of a calendar month, applying to all employees.
- ✓Employer notice periods increase with tenure, reaching 7 months after 20 years of service.
- ✓Employee notice periods don't scale with tenure unless the contract or collective agreement says otherwise.
- ✓Germany's dismissal protection law (Kundigungsschutzgesetz, KSchG) adds an additional layer: employers in companies with more than 10 employees need a valid reason to terminate.
Germany has some of the strongest employee notice protections in Europe. The statutory framework starts with Section 622 of the BGB, which establishes minimum notice periods for all employment relationships. But notice periods are only half the story. The Dismissal Protection Act (Kundigungsschutzgesetz, or KSchG) means that for most employees, simply giving notice isn't enough. The employer also needs a legally valid reason for the dismissal. This two-layer system (notice period rules plus dismissal protection) makes terminating employment in Germany significantly more complex than in most other countries. HR teams unfamiliar with German labor law frequently underestimate how long and involved the process is.
The dual system: notice periods and dismissal protection
Think of it as two separate checks. First, did the employer give enough notice? That's governed by Section 622 BGB. Second, did the employer have a valid reason to terminate? That's governed by the KSchG, which applies to employees who have completed 6 months of service in companies with more than 10 employees. Even if the employer gives the correct notice period, the dismissal can be challenged as socially unjustified (sozialwidrig) if the reason doesn't fall into one of three permitted categories: personal reasons (e.g., long-term illness that prevents the employee from performing), behavioral reasons (e.g., repeated misconduct after warnings), or operational reasons (e.g., genuine redundancy due to business restructuring).
Statutory Notice Periods Under Section 622 BGB
The employer's notice period increases with the employee's tenure. The employee's basic notice period remains at 4 weeks to the 15th or end of month unless a collective agreement or individual contract sets a longer period.
Understanding 'to the 15th or end of a calendar month'
The basic 4-week notice period (Grundkundigungsfrist) must end on either the 15th or the last day of a calendar month. This means an employer who wants to terminate as of March 31 must give notice no later than March 3 (4 weeks before the 31st). If they want to terminate as of March 15, notice must be given by February 15 at the latest. For all extended notice periods (1 month to 7 months), the termination date must be the end of a calendar month. An employer can't pick March 15 as the effective date when the 2-month notice applies. It has to be the last day of a month.
Calculating years of service
Only completed years count. An employee with 4 years and 11 months of service gets the 2-year bracket (1 month notice), not the 5-year bracket. Service is calculated from the start of the employment relationship, not the start date of the current contract. If an employee has been employed continuously since 2015 but signed a new contract in 2020 due to a role change, the 2015 start date applies.
| Years of Service | Employer's Notice Period | Effective Date |
|---|---|---|
| Under 2 years (basic) | 4 weeks | To the 15th or end of a calendar month |
| 2 years | 1 month | To the end of a calendar month |
| 5 years | 2 months | To the end of a calendar month |
| 8 years | 3 months | To the end of a calendar month |
| 10 years | 4 months | To the end of a calendar month |
| 12 years | 5 months | To the end of a calendar month |
| 15 years | 6 months | To the end of a calendar month |
| 20 years | 7 months | To the end of a calendar month |
Notice During the Probation Period (Probezeit)
Section 622(3) BGB allows a shortened notice period of 2 weeks during the first 6 months of employment, provided a probation period has been agreed in the contract.
How probation notice works
During the Probezeit (maximum 6 months), either party can terminate with just 2 weeks' notice to any date. There's no requirement to time the termination to the 15th or end of month. The 2-week period starts when the notice is received by the other party. After the probation period ends, the standard 4-week notice to the 15th or end of month applies immediately. If no probation period is agreed in the contract, the standard 4-week notice applies from day one.
Dismissal protection during probation
During the first 6 months of employment, the KSchG doesn't apply. This means the employer doesn't need a specific reason to terminate. However, other protections still apply. Dismissals that violate anti-discrimination law (AGG), constitutional rights, or good faith principles (Section 242 BGB) are still void. Pregnant employees, severely disabled employees, and works council members have special protections that apply even during probation.
Collective Agreements and Notice Periods
Germany's collective bargaining system (Tarifvertragssystem) can modify statutory notice periods in both directions.
Shorter periods through collective agreements
Section 622(4) BGB permits collective agreements (Tarifvertrage) to set notice periods shorter than the statutory minimums. This is an exception: individual employment contracts can't reduce statutory notice periods, but collective agreements can. This exception exists because collective agreements are negotiated by trade unions with bargaining power, making the shorter periods a product of genuine negotiation rather than employer imposition. Some industry collective agreements in Germany set notice periods as short as 2 weeks for seasonal or temporary work.
Longer periods through contracts
Individual employment contracts and collective agreements can both set longer notice periods than the statutory minimums. Many German employers do this for senior roles. Notice periods of 6 months for managing directors (Geschaftsfuhrer) and 3 months for senior professionals are common practice. If the contract sets a longer employee notice period, it must not exceed the employer's notice period (Federal Labour Court, BAG ruling). Making the employee serve a longer notice than the employer would have to give is considered an unfair contractual imbalance.
Employees with Special Dismissal Protection
German law grants enhanced protection to certain groups, making termination significantly harder and sometimes requiring government approval.
Pregnant employees and parents on leave
Under the Maternity Protection Act (Mutterschutzgesetz, MuSchG), employers can't terminate a pregnant employee from the beginning of pregnancy until 4 months after childbirth. During parental leave (Elternzeit), dismissal protection continues and can only be overridden with prior approval from the state authority for occupational safety (Landesamt fur Arbeitsschutz). Approval is granted only in exceptional circumstances like business closure.
Severely disabled employees
Employees with a recognized disability of 50% or more (Schwerbehinderte) can only be dismissed with the prior consent of the Integration Office (Integrationsamt) under the Social Code IX (SGB IX). The employer must apply for consent before giving notice. The Integration Office has one month to decide. If it doesn't respond within one month, consent is deemed granted. The additional notice protections are on top of the standard notice period.
Works council members
Members of the works council (Betriebsrat) can only be dismissed for extraordinary cause (auerordentliche Kundigung) and only with the works council's consent. Ordinary dismissal with notice is not possible for sitting works council members. This protection extends for one year after the member's term on the works council ends.
Termination Agreements (Aufhebungsvertrag)
Instead of giving notice, employers and employees can agree to end the employment relationship through a mutual termination agreement (Aufhebungsvertrag). This bypasses notice periods and dismissal protection entirely.
How Aufhebungsvertrage work
An Aufhebungsvertrag must be in writing and signed by both parties (Section 623 BGB). It typically specifies the termination date, any severance payment, treatment of remaining vacation days, a reference letter (Arbeitszeugnis), and non-compete arrangements. Because the employee voluntarily agrees to leave, they waive their right to challenge the termination under the KSchG.
Risks for the employee
Employees who sign an Aufhebungsvertrag face a 12-week blocking period (Sperrzeit) for unemployment benefits from the Federal Employment Agency (Bundesagentur fur Arbeit). The agency treats a mutual termination as the employee contributing to their own unemployment. This penalty can be avoided if the termination agreement was signed to prevent an otherwise lawful employer-initiated dismissal. The severance payment doesn't offset the lost unemployment benefits during the Sperrzeit.
Practical Steps for Terminating Employment in Germany
HR teams must follow a precise sequence to avoid invalidating the termination. German courts scrutinize every procedural detail.
- Written form is mandatory: verbal termination and termination by email, fax, or WhatsApp are void under Section 623 BGB.
- The notice letter must be signed by hand by someone with authority to terminate (typically HR director, managing director, or someone with a specific power of attorney).
- Consult the works council before giving notice if one exists (Section 102 BetrVG). A termination without prior works council consultation is void.
- Calculate the notice period precisely, including the correct effective date (15th or end of month).
- Verify whether the employee belongs to a specially protected group (pregnant, disabled, works council member, data protection officer).
- Deliver the notice in person with a witness, or send it via registered mail. The notice period starts when the employee receives the letter, not when it's sent.
- Offer remaining vacation during the notice period or be prepared to pay it out. German law doesn't allow employers to cancel accrued vacation.
- Prepare the work reference (Arbeitszeugnis). German employees have a legal right to a written reference, and it must be "benevolent" (wohlwollend) in tone.
Frequently Asked Questions
Can an employee negotiate a shorter notice period when resigning?
What happens if the employer gives incorrect notice?
Is extraordinary (summary) dismissal possible?
Do notice periods apply to temporary (befristete) contracts?
How much severance do employees typically receive?
Can the employer release the employee from work during the notice period?
Written by Adithyan RK