Notice period in Germany: What deadlines apply when you resign or are dismissed?

The notice period in Germany, known as the Kündigungsfrist, determines how much time must pass between receipt of a valid resignation or dismissal and the legal end of employment. The calculation can be unfamiliar if you come from an at-will system: form, receipt, contract wording, permitted termination dates, probation, and length of service can all change the answer.

This guide helps you find the relevant rule and avoid the mistakes that most often delay an exit or jeopardize a challenge.

What is the statutory notice period in Germany?

The basic statutory period for an employee is four weeks to the 15th or the end of a calendar month. Four weeks means exactly 28 days, not one calendar month. The notice must reach the employer early enough for both the 28-day period and the permitted end date to be satisfied.

For an employer's ordinary dismissal, the statutory period increases with the employee's length of service. These longer periods do not automatically extend an employee's own resignation period, although a contract often applies the employer scale to both sides.

Can your employment contract change the statutory notice period?

Your contract may validly set a longer notice period, but it does not simply replace every statutory safeguard. Section 622(6) BGB states that an employee may not be required to give longer notice than the employer. Collective agreements can also contain shorter or otherwise different periods under section 622(4).

Read the entire clause. Wording such as “the statutory extensions apply equally to both parties” can make your own resignation period grow with seniority. Also check whether a collective agreement is incorporated. A post-contractual non-compete is a separate issue and should not be confused with the notice period.

What notice period applies during probation?

During an agreed probation period, for no longer than the first six months, the statutory notice period is two weeks. The end date can fall on any calendar day; it is not restricted to the 15th or the end of a month.

Probation and the six-month waiting period under the Dismissal Protection Act often overlap, but they are different legal concepts. An employer generally does not have to state a reason in the dismissal letter during this period, yet written form, works council consultation, anti-discrimination rules, and special dismissal protections may still apply.

Can a Fixed-Term Contract Be Ended Early?

In most cases, a fixed-term contract (befristeter Arbeitsvertrag) runs until the agreed end date. However, there are a few exceptions:

• During Probezeit (probationary period): If your contract includes a Probezeit and allows termination during this period, you or your employer can usually end the employment with two weeks' notice.

• Ordinary Termination (regular notice): Outside the Probezeit, early termination is only possible if your employment contract or a Tarifvertrag (collective bargaining agreement) explicitly allows it. Without such a clause, the contract generally continues until it expires.

• Extraordinary Termination (immediate effect): Both parties can terminate the contract immediately under Section 626 BGB, but only for a serious reason (wichtiger Grund), such as theft or severe misconduct.

• Aufhebungsvertrag (mutual termination agreement): You and your employer can agree to end the contract early at any time. Be aware that signing an Aufhebungsvertrag may lead to a Sperrzeit (waiting period) for Arbeitslosengeld (unemployment benefits).

Tip: If you're thinking about leaving a fixed-term job early, check your contract first. The right to give notice is often overlooked, but it can make a big difference.

Which form makes a resignation or dismissal valid?

A resignation or dismissal generally requires a paper document bearing the original signature of the person giving notice. Section 623 BGB expressly excludes electronic form, so email, a scanned letter, Slack, WhatsApp, DocuSign, or a qualified electronic signature does not validly terminate employment.

The statement must also be clear. You do not need your employer's acceptance for a resignation to take effect, but you do need valid form and provable receipt.

If you are unsure of the exact date, wording such as “at the earliest legally permissible date” can reduce the risk of naming an incorrect end date, while requesting written confirmation of the employer's calculation.

When is notice legally received, and how can you prove it?

Notice is received when it enters the recipient's sphere of control in a way that normally allows them to become aware of it. For a business, this may occur through handover to an authorized recipient or delivery to the designated business mailbox. Sending the letter is not enough.

The most practical evidence is often personal handover with a dated receipt on a copy, or delivery by a reliable messenger who knows the contents and can later describe when and where the letter was delivered. Registered mail may help, but its evidential value depends on the available delivery records.

How do you calculate the correct final day of employment?

Work backwards from a legally permitted end date and ask whether the notice will be received before the full period expires. Do not treat four weeks and one month as interchangeable.

What should you do if your employer dismisses you?

Record the exact receipt date and obtain legal advice quickly. A dismissal protection claim generally must be filed with the labour court within three weeks after receipt of the written dismissal, including where you believe the notice is formally defective or the stated reason is wrong.

General dismissal protection usually applies after more than six months of employment in a business with more than ten employees, subject to statutory counting and transitional rules. If it applies, an ordinary dismissal generally needs a conduct-related, personal, or operational justification.

Even where general protection does not apply, written form, special protection, anti-discrimination rules, good faith, and works council procedure may still matter.

When does the works council become relevant?

If a works council exists, the employer must consult it before every employer-issued dismissal. A dismissal issued without the required consultation is invalid. This does not mean the works council must approve every dismissal, and the rule does not apply to your own resignation.

Which employees have special dismissal protection?

Special rules apply, among others, during pregnancy and protected periods after childbirth, during parental leave, and for severely disabled employees. Prior authority approval may be required. Long-term illness alone is not a special-protection category, but an illness-related dismissal is subject to demanding proportionality and prognosis requirements.

What happens to remaining leave, overtime, references, and unemployment registration?

Your notice period is still part of the employment relationship. Salary and contractual duties continue unless you are validly released from work. Clarify the following items rather than assuming they resolve automatically.

When is termination without notice possible?

Immediate termination, or fristlose Kündigung, requires an important reason that makes continuation until the ordinary end date unreasonable after all circumstances and interests are weighed. It is an exceptional measure available in principle to either side.

The party giving immediate notice must generally act within two weeks after learning the decisive facts. If you receive immediate dismissal, request the reason in writing and have the notice reviewed immediately; the three-week court deadline generally applies here too.

How should you handle notice step by step?

A structured process helps you protect the intended end date and the claims that arise when employment ends.

If you are resigning and know the correct date, the following template provides a neutral starting point. Print it, sign it by hand, and keep reliable proof of receipt.

What should you remember about the notice period in Germany?

The correct end date depends on more than counting days. Check the contract and any collective agreement, distinguish four weeks from one month, use a signed paper original, and plan evidence of receipt. If you receive a dismissal, treat the three-week court deadline as urgent. With the right documents and dates, the process becomes manageable and you can protect both your transition and any remaining claims.