How do I terminate an unsigned employment contract?

Questioner

I am currently working as a teaching assistant. I have a temporary contract that expires at the end of November. I was verbally promised that I would receive a permanent contract in December. However, I have not yet received this in writing and have not signed it either. Now I have found a new job and I would like to resign as of 1 January. My employer said that people in education often start working before they have signed a contract and that there is actually a notice period of 2 months. Is this actually the case, since I have not signed anything yet?

Lawyer

The applicable notice period may depend on what is stated in your employment contract (or any applicable collective labor agreement). The length of the employment relationship may also have an effect. For example, if the correct notice period is not observed when terminating the employment contract, this may make the terminating employee liable for damages to the employer. If your employment contract expires at the end of November and the employer has not given at least one month's notice in writing whether or not it will be extended, the employer will in principle be liable for damages to the employee. The so-called notice compensation. This must be claimed via the court within 2 months after the expiry date of the employment contract, otherwise that right will lapse.