Hi Everybody,
I have a question about the time to close a employment contract.
Is it true that according to the law in Germany, if one cannot submit his resignation letter 6 weeks before the end of the current quarter, the legel time he can close his contract would be the end of next quarter?

P.S. I have a permanent employment contract.

Nope, this is not the german law. But it might happen that you have such contract (like I did).

It depends on what is stated on your particular contract. Some people have a number of months. Some can only quit every quarter of a year.

True - it depends on the particular contract. However, very little repercussions can be expected by walking out on a contract. What can they really do? Handcuff you and make you come back to work??

My client in Frankfurt has employees fixed to a contract that allows them to only submit their resignations on two days in the year - May 1 and November 1. The notice period is 6 months - effectively making the notice period up to 1 year.

People have walked out on the contract - with no notice. Each time, the company plays the same pathetic game. They make a bunch of threats and attempts to get the employee to come back. This can be quite costly for the company and never gets them anywhere.

One manager of mine who left had the department secretary and a lawyer show up at his house. When that didn't bring the desired result for the company, they sent the secretary and "about 10" lawyers over to repeat the threat. The manager just ignored them and went about his business. The company soon tired of this and went away.

Another person left and received many letters demanding he come back to work. A few weeks later, he received a letter telling him he was fired and demanding that 800 euros he received be paid back to the company.

He was going to send them the money although the contract stated that once he was fired - he would no longer receive pay ( his last day was March 31 - he was "fired" on April 23 ). I told him to write them a letter pointing this out to them and stating his legal position in the matter - including mentioning holidays he never took.

The company paid him another 700 euros - no explanation, no pay slip, nothing. He never heard anything from them again.

My client in Frankfurt has employees fixed to a contract that allows them to only submit their resignations on two days in the year - May 1 and November 1. The notice period is 6 months - effectively making the notice period up to 1 year.

they should add penalty clause for walking out of a contract without prior notification. without it, the thing is completely pointless and - like you said - leads company nowhere.

> they should add penalty clause for walking out
> of a contract without prior notification.
> without it, the thing is completely pointless
> and - like you said - leads company nowhere.

Absolutely true.

However, such a clause is likely illegal - as is the notice date of two times a year, according to one guy who left his contract ( he didn't actually leave it - he just put in his notice and called in sick for the duration - coming in once every 6 weeks ).

When the departing employees receive letters from the lawyers, the letters make mention that the company is planning to hire a contracter at a much higher wage and sue the departing employee for the difference.

I have always been a big fan of contractual / legal matters although I admit I've never researched alot of German law. But, from what I've seen employees get away with in this country ( clearly signaling that labor laws are heavily slanted in the employees favour ), I highly doubt that either a penalty clause or the threats the departing employees have received are even remotely legal or enforceable in court.

Perhaps Mr. Detloff could comment.

However, such a clause is likely illegal - as is the notice date of two times a year,

i would say it depends on the rules set for the cancellation of contract by the company. if the company has notice dates of two times a year as well and the penalty amount is adequate, it's likely to be legal.

however the company will have to prove that employee was not really ill, and that is not going to be easy

the letters make mention that the company is planning to hire a contracter at a much higher wage and sue the departing employee for the difference.

hehe they must hire a contracter first and they will not do that if they didn't include a penalty clause in their contract

BGB § 619a Beweislast bei Haftung des Arbeitnehmers
Abweichend von § 280 Abs. 1 hat der Arbeitnehmer dem Arbeitgeber Ersatz für den aus der Verletzung einer Pflicht aus dem Arbeitsverhältnis entstehenden Schaden nur zu leisten, wenn er die Pflichtverletzung zu vertreten hat.


lol that means Schadenersatz only in case of deliberate act, and the company has to prove that it was a deliberate act.

that means they must not only prove that employee was not ill, they have to prove as well that employee couldn't think that he was ill


But if employee is stupid enough he can give them a chance just to do that ;)


P.S. penalty clause is absolutely necessary in such a case, if you do not employ some very stupid foreigner that has "keine Ahnung von nichts"

Hi, i still think it's better if someone leaves
the company by giving a notice period as indicated in the Employment Contract.

This is important because there are things like Zeugnisse (Employer Recommendation Letters) which are very important in Germany.

Some Employers might even call your old Employer to know more about you.

closing the contract not according to notice- period might effect/decrease the age of retirement.
As written in my contract.