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Sometimes the point comes when it is time for a new professional start.

You look for an alternative for months, look through job advertisements, go to interviews on days off.

And suddenly it becomes concrete: an offer is on the table.

The conditions are right, the job is interesting.

And it should start on the first of the next month.

So it couldn't go any better - if it weren't for the notice period.

That can be half a year.

Does the employee now have to bury the dream of a new job because of a formality?

Many professionals who are planning a change ask themselves this question.

Most of the time, there are opportunities to leave an employment relationship early.

Dealing with notice period with termination agreement

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The easiest way to terminate the employment contract early is through a termination agreement.

Here the employee plays with open cards and asks the employer to release him early from the employment relationship.

If the employer agrees, he draws up a short additional agreement with which he ends the employment relationship prematurely.

Unlike a termination, such a contract must be amicable.

That means: both employer and employee have to sign it.

"Very few bosses put obstacles in the way of the employee," says Jörg Kraft, career advisor at the management and personnel consultancy Liebich & Partner.

With a six-month notice period, many bosses agree to a reduction, to around three months.

“At least there will be enough time to train a successor,” says Kraft.

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But there are also exceptions.

Some bosses take a termination personally or fear that they will not be able to replace the employee quickly enough.

So if the employer does not let his employee go, all that remains is to accept the notice period.

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Anyone who leaves the company earlier anyway because the new job is no longer available must expect the consequences.

Because the person commits a breach of contract.

Employers can then sue their employees for damages.

In case of doubt, the employee must therefore weigh up whether the new job is worth the risk to him.

Notice period: check legality

Employees should also always take a look at their contract and check whether the clause on the notice period is even legal there.

The statutory notice period for permanent employees is four weeks to the end of the month or the 15th of a month.

Employees and employers are free to agree longer periods in the employment contract - but not shorter ones.

The period with which employers may in turn terminate their employees is regulated by Section 622 (2) in the German Civil Code (BGB).

Depending on the length of employment, it is at least four weeks up to seven months.

After five years of employment, for example, there is a period of two months to the end of the month, after 10 years of employment it is four months to the end of the month.

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The employer's notice period must not be shorter than that of the employee - otherwise it is invalid.

“The statutory notice periods are basically intended as protection periods for employees.

Also so that they have enough time to look for a new job.

That is why they are regulated in an employee-friendly manner, ”explains Fenimore von Bredow, specialist lawyer for labor law in Cologne.

The statutory notice period is shorter during the trial period.

Employees and employers can cancel at any time within two weeks.

"During the probationary period, both parties can see whether they are a good match," says career advisor Kraft.

Whether it is a question of terminating a long-term employment relationship or the probationary period: If the employer and employee are bound by a collective agreement, then the period of notice provided there applies to both sides - regardless of what is in the employment contract or is legally required.

Fixed-term contract: extraordinary termination as a way out

Anyone who has a fixed-term employment contract, for example as a pregnancy representative, cannot rely on the statutory notice periods.

If the possibility of termination is not explicitly stated in the employment contract, employees cannot terminate fixed-term contracts properly during their term.

Then they only have the termination agreement or an extraordinary termination.

However, employees should be careful with this.

"In practice it rarely happens that employees give notice without notice," says Bredow's labor lawyer.

This is because employees can only terminate their contract prematurely for an important reason, for example if the boss has not paid the employee for a long time or forces them to do illegal activities.

And: As a rule, employees first have to warn their boss beforehand.

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If the employee has managed to get out of his employment contract early, nothing stands in the way of changing jobs.

The question still remains, what happens to the leftover vacation days.

At best, the employee can still take his remaining vacation during the notice period.

However, it does happen that the employer prevents this for operational reasons.

For example, if too many other colleagues have already requested leave at the same time.

Then the boss has to pay the employee the remaining vacation days.

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Those who quit can also request in advance that they receive money instead of remaining vacation.

However, taxes and social security contributions are still deducted from the vacation pay.

Employees should therefore carefully consider whether this is worthwhile.

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Read more articles from our series of advice on termination here:

Everything about termination

This article was first published on June 14, 2019.