Notice period for temporary help

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Flexibility is demanded more and more from employees. This is all the more true if the job is not a permanent one, but rather an employer only hires temporary workers. The notice period is therefore relatively short.

Temporary workers can usually be terminated more quickly.
Temporary workers can usually be terminated more quickly.

If there is no collective agreement or individual contractual regulation, the notice periods of the BGB apply to an employment relationship. However, this cannot be in every case in one employment contract be deviated.

Notice period for an employee hired as temporary worker

  • According to § 622 para. 1 BGB, the notice period is basically four weeks. The employment relationship can be terminated at the end of the month or on the fifteenth.
  • However, if the employment relationship has already existed for a certain period of time, the notice period for the employer is extended in accordance with § 622 para. 2 BGB.
  • However, if an employee is only hired on a temporary basis, acc. § 622 para. 5 BGB from the regulation of para. 1 in the employment contract may be deviated from.
  • However, there is no longer any attitude towards temporary help if the employment relationship has existed for more than three months.
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  • According to the wording, only a deviation from the four-week basic notice period is permissible, but not from the extended notice periods of § 622 para. 2 BGB.

Individual contractual regulation for small businesses

  • The possibility of one of § 622 para. 1 BGB, there are also deviating individual contractual provisions for small businesses.
  • According to § 622 para. 5 No. 2 BGB is a prerequisite that the employer regularly does not employ more than 20 employees. Even then, the notice period must not be less than four weeks.
  • After a verdict of the Hessian State Labor Court of June 14, 2010 (Az. 16 Sa 1036/09), an employer may, even if the requirements of § 622 Para. 5 No. 2 BGB exist, from the extended notice periods of § 622 Abs. 2 BGB in an employment contract.

In the case of temporary employment of a temporary worker, a shortened notice period can be agreed in the employment contract. The employment relationship may not exceed three months.

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