Make proper use of the right of withdrawal in the employment contract

What you need:

• written employment contract
• agreed right of withdrawal
• Declaration of withdrawal

In principle, nobody - neither the employee nor the employer - can benefit from a once closed employment contract step back. There is no legally regulated right to withdraw from the employment contract, neither in the German Civil Code nor in other labor law regulations.

The right of withdrawal was contractually agreed

• Of course, you can regulate a right of withdrawal in the employment contract with the potential employer. This can be useful for you if - for whatever reason - you are not sure at the time of the conclusion of the contract whether you really want to take up this position. Perhaps you have another good, more lucrative job offer that has yet to be decided by the employer.
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• Have you been able to convince the potential future employer that you have the right to withdraw from the contract You can also make use of it if you need to grant a written contract consider.
• Declare your withdrawal from the contract in writing within the contractually agreed period to the employer, whose offer you ultimately do not want to accept. Since the declaration of resignation is a unilateral declaration of intent, its effectiveness does not depend on the employer giving his consent to it.

 Nothing was regulated in the employment contract

• If you have not regulated anything in your new employment contract on the subject of the right of withdrawal, neither a contractual nor a statutory declaration of withdrawal is possible.


Revoking an employment contract - you should pay attention to this

Sometimes after a long search you finally find a good job, until a few days ...

• Do you still want this one Workplace Do not show up, a letter to the employer or a phone call with the employer is recommended, in which you explain your problem to him. It can be assumed that normally no employer has an interest in establishing an employment relationship with a to start new employees, which of them will in all probability terminate again within the probationary period will.
• If your employment contract does not explicitly state that a termination is excluded before the beginning of the employment relationship, you can give a written notice instead of a resignation. You must comply with the notice periods that apply to the probationary period.
• The notice period begins with the receipt of your declaration by the employer or with the agreed start of work. What applies in a specific case depends on the importance that your employment has for the employer. This may mean that you have to work for a few more days.
• Another option in addition to the right of withdrawal is to mutually agree to the termination of the employment contract with the new employer.

Ultimately, it can be stated: Even if there is usually no withdrawal from the employment contract, As an employee, you have a wide range of options for entering into the contractual relationship before it begins break up.