How do I cancel correctly?

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Would you like to terminate your employment? In order to do everything correctly, you must not only observe the notice period, but also the legal formal requirements.

Termination as an employee: formal requirements

In the termination of an employment relationship, you must comply with the written form in accordance with Section 623 of the German Civil Code (BGB). Not only is a verbal notice of termination invalid, but an SMS, fax or e-mail is not enough.

  1. So type a classic letter on paper, mark it with the date and sign it by hand.
  2. Address your letter to the full address of your employer and add your name and full address as the sender.
  3. Then describe exactly which employment relationship is involved and refer to the employment contract, the company and the nature of your activity. For example: "I hereby terminate the employment contract dated October 1, 2011 as an electrician at Karl Schmidt GmbH in Hanover".

Here's how to do everything right when you quit

  • Think about when you want to and can end the employment relationship. If you cannot find anything in your employment contract or an underlying collective agreement, refer to Section 622 of the German Civil Code (BGB) to find out which period of notice applies. If you still have doubts about the correct deadline, it is best to cancel as soon as possible.
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  • In the event of extraordinary termination, you must still state the reason for the termination. But even if you want to terminate properly, you should carry out the reasons given as a precaution in order to save yourself later difficulties with the employment office.
  • Now you still have to make sure that the employer receives your notice of termination. You can hand over the letter in person and ask your employer to confirm receipt in writing. However, he is not obliged to do so.
  • Alternatively, you can send the letter by registered mail with acknowledgment of receipt or commission a third party as a witness to post the letter and make a note.

To correctly calculate the notice period, remember that it does not start when the notice is sent, but only when the notice is received. Your employer must be given sufficient opportunity to take note of the letter, for which the case law allows him up to three days in the case of mail.

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