What German Law Requires on Termination Notice, Special Protections and Severance
Practical guidance centers on delivery timing, statutory safeguards, customary severance formulas.
Overview
- Section 622 BGB sets the baseline: written ordinary terminations generally require four weeks’ notice to the 15th or month’s end, with two weeks during probation.
- For employer dismissals, notice extends with tenure under the statutory ladder up to seven months after 20 years of service.
- Special regimes apply: at least four weeks for severely disabled employees, a dismissal ban during pregnancy and four months after birth, and a three‑month cap to month’s end in insolvency.
- The effective date hinges on when the letter is received, not dated; late delivery shifts the end date, and miscalculated terms are often read to the next valid date unless the wording renders the notice defective.
- Severance is frequently negotiated through a dismissal challenge filed within three weeks, commonly starting at 0.5 monthly salaries per year of service with higher factors possible, and the article notes tax treatment via the former fifths rule has changed.