Cancellation
A notice of termination must be in writing to be valid. This applies to both employers and employees. For the notice to take effect, the sole determining factor is receipt of the notice at the address provided to the employer.
There are two types of termination—termination with notice (ordinary termination) and termination without notice (extraordinary termination).
In the case of termination with notice, both the employee and the employer must observe the applicable notice periods. The following notice periods apply under the law:
During the probationary period—2 weeks
After the probationary period – 4 weeks, effective on the 15th or at the end of the calendar month
After 2 years – 1 month to the end of a calendar month
After 5 years – 2 months, effective at the end of a calendar month
After 8 years – 3 months, effective at the end of a calendar month
After 10 years – 4 months, effective at the end of a calendar month
After 12 years – 5 months, effective at the end of a calendar month
After 15 years and 6 months, at the end of a calendar month
After 20 years and 7 months, effective at the end of a calendar month
The notice period begins only upon receipt of the notice of termination, not on the date it was issued or sent!
Termination without notice (extraordinary termination) may occur for good cause. Good cause exists when there are facts that make it unreasonable for the terminating party to continue the employment relationship (for employees—failure to pay wages, violations of occupational safety regulations, etc.; for employers—feigning incapacity to work, refusal to work, disruption of workplace order, etc.).
The grounds for termination must be disclosed upon request. Extraordinary termination may only be issued within a two-week deadline and must be received within this period. Extraordinary termination must generally be preceded by a written warning in the event of a conduct violation.
You can challenge an extraordinary termination. The deadline for filing a claim for protection against wrongful termination with the competent labor court is 3 weeks and begins to run upon service of the termination notice. After this period, the termination takes effect, regardless of whether its grounds are valid or invalid.