Legal Advice on Contract Termination Period

Questioner

I want to terminate my employment contract. The latest amendment to my contract refers to a contract in which my notice period is 1 month. This contract was concluded during a period without a collective labor agreement. in the meantime, a new collective labor agreement (childcare) has come into effect and it contains a notice period of 2 months. My employer says that the new collective labor agreement overrules the agreements made in a period without a collective labor agreement and wants to hold me to the 2-month notice period. Which term is now legally valid?

Lawyer

Based on the current information, the question cannot be answered: 1. Has the collective labour agreement been declared generally binding? 2. If not, are you and the employer members of a trade union? 3. Is there an incorporation clause in your individual employment contract? In principle, the CAO applies from the date of entry into force. This also applies to employment contracts that were concluded before that date.