Resigning from your employer – What to do?


Questioner

I want to resign from my employer. My contract was extended to a one-year contract at the end of December. The status overview (as my employer calls it) now shows a one-month probationary period. Does this mean I can/may resign without notice?

Questioner

If you currently have a temporary employment contract, which expires on a specific date, interim termination must be permitted under the employment contract. Otherwise, you would not be able to terminate unilaterally. The employment contract (and any applicable collective labor agreement) may also stipulate the notice period. If not, the statutory system applies. For example, for employment shorter than five years, a one-month notice period applies. If the employment lasted longer, the notice period is longer. Please note that if you terminate your employment yourself, you will not receive benefits. Any agreed-upon probationary period will have expired. You can agree with your employer that you do not have to observe a notice period, but it is recommended to put this in writing.

Questioner

If you already work there and continue to do the same work, a probationary period cannot be agreed upon. In that case, there is no legally valid probationary period. If there is an interim cancellation option -> you must observe the cancellation period of 1 month. If there is no option for interim termination, you must consult with your employer. In all cases, contact a specialized employment law attorney (member of a specialized association) as soon as possible, such as myself. The first consultation is often free, such as at my office.

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