Notice Period in Germany: The § 622 BGB Table for Employees
If you work in Germany, your statutory notice period (Kündigungsfrist) as an employee is four weeks, effective to the 15th or to the end of a calendar month, as set out in Section 622(1) of the German Civil Code (Bürgerliches Gesetzbuch, BGB). The longer periods staggered by seniority in Section 622(2) BGB mainly protect you when your employer gives notice, they do not automatically extend your own resignation notice. What actually applies to you depends on your employment contract or collective agreement (Tarifvertrag).
The legal baseline notice period for employees
Section 622(1) BGB sets the rule: an employment relationship can be terminated with four weeks' notice, effective to the 15th or to the end of a calendar month. This baseline applies to both sides at first, your employer and you as the employee, unless something else has been agreed. In practice this means: if you hand in your resignation on the 3rd of a month, your employment usually ends on the last day of that month or on the 15th of the following month, whichever the four weeks allow first.
Table: Staggered notice periods by seniority under § 622 BGB
Section 622(2) BGB extends the notice period as your time with the company (Betriebszugehörigkeit) grows. The law states this staggered scale explicitly for notice given by the employer:
| Seniority | Notice period (employer) | Effective date |
|---|---|---|
| Up to 2 years | 4 weeks | to the 15th or month end |
| From 2 years | 1 month | to month end |
| From 5 years | 2 months | to month end |
| From 8 years | 3 months | to month end |
| From 10 years | 4 months | to month end |
| From 12 years | 5 months | to month end |
| From 15 years | 6 months | to month end |
| From 20 years | 7 months | to month end |
Here is the part that matters most for you as an employee: these extended periods apply to your own resignation only if your employment contract explicitly says so. Under Section 622(6) BGB, your notice period as an employee may never be contractually longer than your employer's. Without a special clause in your contract, you are usually still bound only by the four weeks from Section 622(1), even if you have worked at the company for ten years.
The JobChamp deadline alarm (Fristenalarm) calculates your exact last working day from your contract and resignation date, then reminds you of every deadline that matters along the way.
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Special case: the two-week rule during probation
If a probationary period (Probezeit) of up to six months has been agreed, a much shorter notice period applies: either side can end the employment relationship with two weeks' notice, effective on any calendar day, not only the 15th or the end of the month. That gives you more flexibility during probation if you realize the job is not the right fit.
If your resignation is turning into a termination instead, or you are weighing a settlement over quitting outright, our guide on the termination agreement (Aufhebungsvertrag) in Germany walks through what changes when you sign one rather than resign.
A worked example: finding your last working day
Say you have worked at the company for three years, your contract has no special notice clause, and you want to resign today, the 10th of the month. The statutory baseline from Section 622(1) BGB applies to you: four weeks to the 15th or to the end of the month. Four weeks from the 10th lands on the 7th of the following month, so the next allowed effective date after that is the 15th of the following month. Your last working day in this example would be the 14th of the following month, with your employment ending on the 15th.
Resign instead on the 25th of a month, and four weeks is no longer enough to reach the 15th of the following month, so your end date shifts to the end of that following month. A few days' difference in your resignation date can therefore mean half a month's difference in your final day, which is why it always pays to calculate precisely before you send your letter. Build in a buffer too: if your resignation letter arrives a day or two later than planned because the post office was slower than expected, your entire end date can shift by weeks.
Contract, collective agreement, or works agreement: what applies first?
The statutory periods in Section 622 BGB are not always the final word. Here is how to work out which notice period actually applies to you:
- Check your collective agreement. If a Tarifvertrag applies to you, it can set different, even shorter periods, and it takes precedence over the statutory rule.
- Read your employment contract. If your contract contains its own notice period clause, check whether it is valid and whether it is worded the same for both sides or differently.
- Calculate your exact seniority. Count from your contractual start date, not the day you actually began working, if the two dates differ.
- Resolve any contradictions. If your contract deviates unfavorably from the law, for example by setting too long a period for you, that clause may be invalid and the statutory rule applies instead.
- Fix your final effective date. Calculate the correct notice period day by day from your planned delivery date.
What happens if you do not meet your notice period?
If you resign too early, meaning you name an effective date that falls short of your real notice period, your resignation does not automatically become invalid. It usually still takes effect, just on the next legally correct date, even if you named an earlier one yourself. If you actually leave your job early without your employer's agreement, though, it can cause real problems:
- Your employer can in theory claim damages if your early absence causes them provable financial harm.
- The Federal Employment Agency (Agentur für Arbeit) can impose a blocking period (Sperrzeit) on your unemployment benefits (Arbeitslosengeld) if you end the employment relationship yourself, early, and without good cause, see Section 159 SGB III.
- A qualified employment reference (qualifiziertes Arbeitszeugnis) you were already promised can turn out worse if your exit is seen as uncooperative.
If your notice is connected to being let go rather than resigning, our guide on what to do if you get fired in Germany covers the steps that matter in the days right after. And if your reference letter is part of what is at stake, see our breakdown of the German employment reference (Arbeitszeugnis) and the coded language employers use in it.
The JobChamp clean-exit coach (Sauber-raus-Coach) walks you from your notice period through to your last working day, so you do not miss a single important step along the way.
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Frequently asked questions
How long is the legal notice period for employees in Germany?
Under Section 622(1) BGB, the statutory baseline notice period is four weeks, effective to the 15th or to the end of a calendar month. This applies to employees regardless of seniority, unless your contract or a collective agreement says otherwise.
Does my notice period get longer with seniority as an employee?
The longer, staggered periods in Section 622(2) BGB mainly apply when your employer gives notice. For your own resignation, the four-week baseline usually still applies, unless your employment contract explicitly extends the same longer periods to both sides.
What notice period applies during the probation period?
During an agreed probationary period of up to six months, either side can end the employment relationship with two weeks' notice, effective on any day, not just the 15th or month-end.
What happens if I do not meet my notice period?
Resigning too early usually does not make your resignation invalid, it simply takes effect on the next legally correct date instead. Leaving your job early without agreement can also lead to damage claims and a blocking period on unemployment benefits.
This article is general information and does not replace individual legal advice. For a specific conflict, a union (Gewerkschaft), legal expenses insurance (Rechtsschutzversicherung), or a specialized employment lawyer can help you further.