Under §622 of the German Civil Code (BGB), the statutory notice period is at least 4 weeks to the 15th or the end of a calendar month. The longer the employment relationship, the longer the notice period becomes for employers — up to 7 months after 20 years of service. Contractually agreed or collectively bargained periods take precedence over the statutory rules, provided they do not fall below the statutory minimum.
What Is the Statutory Notice Period?
The statutory notice period is the minimum period that must be observed when terminating an employment relationship, unless a different contractual or collective agreement applies. It determines how much time must elapse between the notice of termination and the actual end of employment.
The legal basis is §622 of the Bürgerliches Gesetzbuch (BGB) — the German Civil Code. The law protects employees from abrupt termination and gives both parties planning certainty.
It is important to distinguish between two types of termination: ordinary termination (ordentliche Kündigung) takes place in compliance with the applicable notice period — this is the standard case. Extraordinary termination (außerordentliche Kündigung), also known as termination without notice, is only permissible in cases of serious misconduct, such as theft or gross breach of duty, and does not require adherence to any notice period.
§622 BGB: The Statutory Rules at a Glance
Basic Notice Period: 4 Weeks
The statutory minimum notice period for both parties — employees and employers alike — is 4 weeks (§622 para. 1 BGB). This period expires on the 15th of a calendar month or on the last day of a calendar month.
Important: the 4-week period is tied to fixed dates. A notice of termination issued on 1 October can take effect at the earliest on 31 October — or on 15 October, if the full 4-week period has elapsed by then.
Extended Periods Based on Length of Service
For terminations by employers, the notice period extends automatically with increasing length of service (§622 para. 2 BGB). This extension applies exclusively in favour of employees — employees themselves may always terminate the employment relationship with the basic 4-week period.
Source: §622 para. 2 BGB
Note on calculating length of service: Periods of employment prior to the employee's 25th birthday are not counted when calculating length of service (§622 para. 2 sentence 2 BGB). This rule is controversial and has been flagged by the European Court of Justice as potentially discriminatory; however, it remains current law.
Special Rule: Probationary Period
During an agreed probationary period — which may last a maximum of 6 months — a shorter notice period of 2 weeks applies (§622 para. 3 BGB). This period is not tied to the 15th or the end of the month. It applies equally to both parties.
Statutory, Contractual or Collectively Bargained — What Applies When?
In practice, multiple sets of rules often come into play simultaneously. The order of precedence is clear:
Statutory period (§622 BGB) forms the minimum standard. It applies whenever no deviating agreement exists.
Contractual period may extend the statutory period in favour of the employee, but may not fall below it. Any contractual notice period shorter than the statutory minimum is invalid — the statutory rule then applies automatically.
Collectively bargained period may deviate from the statutory provision under §622 para. 4 BGB — even to the employee's disadvantage. This is the only way to validly undercut the statutory minimum. Prerequisite: the collective agreement must be applicable to the employment relationship.
If no collective agreement applies and the employment contract contains no notice period, §622 BGB applies automatically.
Calculating the Notice Period Correctly
The End-of-Month Rule Explained
Extended notice periods based on length of service (from 2 years onwards) expire exclusively on the last calendar day of a month — not on the 15th. The basic 4-week period, by contrast, may expire on either the 15th or the end of the month.
This distinction is a common source of error in practice. Anyone who mistakenly assumes that an extended period also ends on the 15th will communicate the wrong last working day.
Step-by-Step Calculation Example
Scenario:
- Start date: 1 March 2016
- Notice issued by employer: 15 October 2026
- Length of service: 10 years → Notice period: 4 months to end of month
Calculation:
- Period begins: the day after receipt of the notice (16 October 2026)
- Period ends: 4 months to the next end of month → 28 February 2027
The employment relationship therefore ends on 28 February 2027.
Common mistake: The notice period begins on the date the notice is received, not the date it was written. A notice sent by post is typically received on the next working day.
Special Cases and Exceptions
Employees with Severe Disabilities
Before terminating the employment of a severely disabled employee, the prior consent of the Integration Office (Integrationsamt) must be obtained (§168 SGB IX). The Integration Office is a public authority with special protective duties towards people with severe disabilities. Without this consent, the termination is invalid — regardless of whether the correct notice period was observed. The statutory notice periods apply in full.
Parental Leave and Maternity Protection
During parental leave, termination by the employer is generally prohibited (§18 BEEG). Special protection against dismissal begins from the point at which parental leave is requested and ends on the last day of parental leave. The same applies to maternity protection. Exceptions are only possible in rare cases with official regulatory approval.
Employer Insolvency
In insolvency proceedings, a special rule applies: under §113 InsO, the notice period is capped at a maximum of 3 months to the end of the month, regardless of actual length of service. This rule is designed to facilitate the swift processing of insolvency proceedings.
Checklist: Issuing a Legally Compliant Termination as HR
Before issuing a termination, you should have checked the following:
- Determine the notice period: Calculate length of service; identify the correct period under §622 BGB or the applicable collective agreement
- Check for special protection against dismissal: Severe disability, parental leave, maternity protection, works council membership
- Observe the written form requirement: Termination must be in writing and personally signed (§623 BGB) — an email or text message is not sufficient
- Ensure proper delivery: Personal handover or registered mail with acknowledgement of receipt is recommended; document the date of receipt
- Communicate the last working day clearly: State the exact date in the termination letter
- Involve the works council: If one exists, the works council must be consulted before every termination (§102 BetrVG)
- Documentation: Record all steps in writing (date of handover, response received, consent procedure if applicable)
Frequently Asked Questions About the Statutory Notice Period
What is the statutory minimum notice period in Germany?
The statutory minimum notice period is 4 weeks to the 15th or the last day of a calendar month (§622 para. 1 BGB). It applies to both parties. During the probationary period (maximum 6 months), a shorter period of 2 weeks applies, without being tied to a fixed date.
How does the notice period extend with length of service?
The extended periods under §622 para. 2 BGB apply exclusively to terminations by the employer. From 2 years of service, the period is 1 month; from 5 years, 2 months — up to a maximum of 7 months after 20 years. Employees may always terminate the employment relationship with the basic 4-week period, regardless of their length of service.
What rules apply to termination during the probationary period?
During the probationary period — which may last a maximum of 6 months — a notice period of 2 weeks applies (§622 para. 3 BGB). This period is not tied to the end of the month or the 15th. It applies equally to both parties.
What is the end-of-month rule?
Extended notice periods based on length of service always expire on the last calendar day of a month — not on the 15th. Example: a termination issued on 5 October with a 2-month period expires on 31 December, not 15 December.
Can the statutory notice period be shortened in an employment contract?
Generally no — the statutory period is the minimum standard. Exceptions: the shortened 2-week period automatically applies during the probationary period. Shorter periods are also possible for casual employment lasting up to 3 months. In addition, an applicable collective agreement may deviate from the statutory rule for both parties under §622 para. 4 BGB.
Does the statutory notice period also apply to employers?
Yes — the minimum period of 4 weeks applies to both parties. However, the extended periods based on length of service apply only to employer-issued terminations. Employees may always terminate the employment relationship with the 4-week basic period, regardless of their length of service.
What are typical special cases affecting the notice period?
Three cases require particular attention: for employees with severe disabilities, the consent of the Integration Office must be obtained before issuing termination (§168 SGB IX). During parental leave, employer-issued termination is generally prohibited (§18 BEEG). In insolvency proceedings, §113 InsO limits the maximum notice period to 3 months to the end of the month.
Conclusion
The statutory notice period under §622 BGB protects employees from abrupt termination and gives HR professionals a clear legal framework to work with. The basic rule is straightforward: a minimum of 4 weeks — for both sides. On the employer's side, the period extends automatically with increasing length of service.
What matters most in practice: the start of the period, the end-of-month rule and any special cases must all be carefully reviewed before a termination is issued. An error in calculating the notice period can render the termination invalid or give rise to claims for damages.
For further HR knowledge on recruitment, talent acquisition and sustainable recruiting, the Aivy HR Lexicon offers a wide range of well-researched articles — including a dedicated entry on the job interview. Interested in objective aptitude diagnostics for your recruiting process? Find out more at aivy.app.
Sources
- §622 BGB — Notice periods for employment relationships. Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/bgb/__622.html
- §623 BGB — Written form requirement for termination. Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/bgb/__623.html
- §113 InsO — Termination of a service relationship (insolvency). Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/inso/__113.html
- §168 SGB IX — Requirement for consent (severe disability). Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/sgb_9_2018/__168.html
- §18 BEEG — Protection against dismissal during parental leave. Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/beeg/__18.html
- Federal Ministry of Labour and Social Affairs — Protection against dismissal. BMAS, 2024. https://www.bmas.de/DE/Arbeit/Arbeitsrecht/Kuendigungsschutz/kuendigungsschutz.html
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