You want to quit your job? Then you should thoroughly deal with the issue beforehand. Here you get the most important information at a glance. You will learn, for example, what you should pay attention to when terminating your contract and what the consequences of terminating it yourself can be.
Only on paper and signed is the notice of termination valid
The die is cast: You have decided to quit your job. Perhaps you have wrestled with yourself for a long time. Perhaps the decision was easy for you because, for example, an attractive new job is waiting for you. There are many reasons for termination. In either case, there are a few things you should keep in mind to ensure that your departure from your old employer goes smoothly and that you don’t become embroiled in a legal dispute. To give legally valid notice, you should first send a Write a letter of resignation. Because: A notice of termination must always in writing on paper take place and handwritten signature his. Giving notice by e-mail or fax is just as legally ineffective as shouting "I quit" in an upset manner.
Observe the notice period
When can you hand in the notice of termination? Please note the following proper cancellation absolutely the observance of the Notice period. Normally, you have four weeks to 15. of a month or at the end of the month. To be on the safe side, however, you should check your employment contract to see which deadline applies to you.
It’s a different story if you’re in the Trial period you want to quit your new job. During this orientation phase with a new employer, a shortened notice period. This means that both you and the employer can terminate the employment relationship within two weeks.
In any case, however, the following applies: You still have to go to work even after the. Continue doing your job even if you have already said goodbye inside. If you do not show up for work immediately after giving notice, the company can claim damages from you.
This belongs in the termination letter
How to write a letter of resignation from work? Formulate factually and clearly. Do not use subjunctives and embellishing words when you quit your job. If you had a good relationship with your supervisor and are leaving with melancholy, you can briefly explain why you decided to take the step and thank them for their good cooperation.
In general, however, you do not need to state the reason for your termination. If you are resigning because you are unhappy at work, word it neutrally. Just as you should continue to maintain form in the workplace, you should also do the same in your resignation letter do not complain or lament under any circumstances.
But it is important that your letter is formally correct – especially in the (rare) case that your employer does not want to accept the dismissal and the case ends up in the labor court. If you have Formal requirements you are on the safe side:
- Your full name and address and the name and address of your employer are in the Letterhead.
- The correct Date is specified.
- In a Subject line The word "notice of termination" is written on the notice, as well as your personnel number, and perhaps also the date on which the employment contract is to end.
- The correct addressee is indicated: Address the letter of termination directly to your Superiors or the Personnel department.
- The letter is correctly signed. Sign handwritten and with full name. Only in this way does the termination become legally binding.
Delivery of the notice of termination: Preferably in person
In order for the notice to be effective and the notice period to be calculated accordingly, the time of delivery of the notice is decisive. To be sure that your letter arrives, it is advisable to send the notice of termination best in person to hand over. You can hand it to your supervisor – or to anyone else who is authorized to accept mail in your company. If possible, let the Acknowledge receipt of your letter, so that in case of dispute you have the proof of delivery of the notice in black and white.
If there is no one on site to receive your notice, you can also send it to the Posting in the mailbox. Do this – also for reasons of proof – if possible before Witnesses, who have read the contents of the letter before.
If, on the other hand, you decide to terminate your employment by mail to send, can from it Problems result. You cannot be sure if and when the letter will reach your employer. Even if you send your notice of termination by registered mail with return receipt send, it can be difficult. If the letter carrier does not meet the recipient, the letter of termination is not deemed to have been received if only the return receipt was posted. Because this way, only the return receipt reaches the recipient, but not the termination letter itself. If the latter does not collect the registered letter from the post office, the notice of termination has also not been received effectively.
Ordinary notice of termination: Sample letter
Here is a template for a letter of resignation from work:
Employee XY
Address
Employer XY
Personnel department, z. Hd. Ms. Schmidt
Address
Subject: Termination of my employment contract, personnel number: 987 654 321
Dear Ms. Schmidt,
I hereby give notice of termination of my 01.10.2012 employment contract concluded with employer XY in due time as of 01.06.2018.
I would like to thank you for the good cooperation in the past years. I have learned a lot in this company and would like to thank you for your constant support and collegiality. For personal reasons, I have decided to take a different career path.
I sincerely wish you and the company all the best. In addition, I would ask you to provide me with a qualified job reference. Thanks a lot!
Yours sincerely
Employee XY (handwritten signature)
Special case: termination of the employee without notice
In certain cases, employees can submit a termination without notice, also known as extraordinary dismissal. This one, as the name suggests, is a resignation that doesn’t meet the official deadline. In order to terminate without notice, serious reasons must be present. Often followed by a legal dispute with the employer. Termination without notice by an employee because of a new job, for example, is usually not legal and can lead to a rift with the old employer.
Therefore, first check whether you cannot avoid the extraordinary termination by, for example, giving notice in compliance with the notice period, but still not having to appear for work with immediate effect due to remaining vacation and overtime reduction.
Reasons for termination without notice can be:
- Several times unpunctual or missing payment
- sexual harassment
- assault
- Discrimination
- Bullying
- health hazard at the workplace
- permanent incapacity for work
- irretrievable loss of trust in the employer
- grossly negligent breach of the employer’s obligations
- the employer is asking you to commit a crime
However, these reasons are not sufficient in every case to justify termination without notice. As a rule a court examines the individual case and then decides whether the extraordinary termination applies. Therefore, you should consult with an attorney before submitting a letter to that effect. In addition, it is important that you collect evidence to be able to stand up in court. These can be, for example, documents, interview transcripts or witness statements that support your reason for termination.
Despite its name "termination without notice", this also has a time limit. Accordingly, the extraordinary termination inner 14 days after noticing the grievance you have received a complaint from your employer.
Depending on the reason you are giving notice, you may also want to give your summary dismissal a Send warning in advance must. If, for example, the employer remains in arrears with the payment of wages, you must first give him a warning and set a deadline for him to transfer your salary to you. Only when this has elapsed and you still have not received your wages is your extraordinary termination justified. The situation is different if you have been the victim of violence or serious sexual harassment at the workplace. Then you do not have to show up for work after the termination.
Extraordinary termination: Sample letter
The main difference with ordinary termination, when writing the termination without notice, is that you need to specify the reason for which you are terminating the employment. Here is a sample:
Employee XY
Address
Employer XY
Personnel department, z. Hd. Mrs. Schmidt
Address
Subject: Termination of my employment contract without notice, personnel number: 987 654 321
Dear Ms. Schmidt,
I hereby give notice of termination of my employment contract effective 01.10.2012 with employer XY concluded employment contract without notice to 01.06.2018.
I must cease performance of my duties arising from the employment contract with immediate effect due to (state reason for termination).
I request immediate payment of my outstanding overtime and remaining vacation as well as the issuance of a qualified employer’s reference.
Yours sincerely
Employee XY (handwritten signature)
Unemployment benefits in the event of resignation: When does the blocking period apply – and when not
If you have resigned because you are starting a new job, you will not have to go to the Federal Employment Agency. All those who resign without a new job should register there as a jobseeker as soon as possible. In the case of a self-termination, however, unemployment benefit (ALG 1) is usually only after a break of twelve weeks paid. However, there are exceptions. No blocking period will be imposed in the following cases:
- You have resigned from a serious reason resigned and can prove this to the employment agency. Accordingly, unemployment benefits may also be paid in the event of termination without notice.
- You were able to keep the job due to health impairments must not continue.
- You have resigned because wanting to move in with your partner. Here you can refer to the ruling of the LSG Lower Saxony-Bremen from 12. December 2017 appointed.
- The Employment contract for the new position offered to you, for which you have given up your previous job, does not come into effect after all.
You have resigned or are thinking about resigning? Here you can find a new job: To the job search
Robert Half supports you in your search for your new dream job as a renowned recruitment agency in Munich with comprehensive expertise. Climb the career ladder – we will accompany you through the placement in your new job, through the entire application process and gladly beyond that.
Of course, we are not a personnel service provider with only one location: We are also active as a recruitment agency in Stuttgart, Berlin, Hamburg, Frankfurt, Bonn and in many other German branches. We advise applicants personally, individually and free of charge.