A termination can have many reasons and faces. If the employment relationship is dissolved, this can take place amicably or be connected with a dispute. Not infrequently, such cases also end up before the labor court. There are clear rules and regulations when it comes to a ordinary or extraordinary dismissal goes.
On average, termination by the employee occurs less frequently than termination by the employer.
How to give proper notice as an employee? What is to be observed? Must notice periods also be observed by the employee?
In short& scarce: termination by the employee
As a rule, the notice period for employees is four weeks to the fifteenth or to the end of the month. The probationary period is an exception: Here you can terminate the employment relationship with a notice period of two weeks.
Yes, alternatively you can also agree with your boss on a termination agreement. However, such a contract usually means great disadvantages for employees, such as e. B. Suspension periods for unemployment benefits. Whether severance pay is paid when an employee is terminated usually depends on the employee’s negotiating skills.
Here you will find the sample notice of termination by the employee.
The following guide will give you an overview of the correct Procedure in the case of termination by the employee, as well as about the Deadlines according to labor law.
Self-termination – give up the job
For many employees, the path to termination is primarily a emotional and psychological stress. The struggle, endurance and constant weighing can be grueling. And yet there are various reasons for the termination of the employment contract by the employee.
Especially when employees realize that they are momentarily stagnating and not progressing professionally, a Job change an attractive alternative. Career and the improvement of the professional situation play an important role.
When you quit your job as an employee, it can be for a variety of reasons.
A Resignation can be made even if this means a imminent termination of the contract on the part of the employer anticipated can be. Future employers even appreciate this and recognize in it the personal initiative.
Finally, can also be completely personal reasons for a dismissal as an employee exists. Experts also refer to this as the so-called "internal termination".
Possible Causes for it are:
- Excessive demands
- Tense relationship with colleagues and/or boss
- Poor work organization
- Lack of appreciation
Ordinary versus termination without notice by the employee
A proper notice of termination as an employee is at any time and above all without giving reasons possible. You can to the 15. of each month and at the end of each month terminate the employment contract. The § Section 622 of the German Civil Code describes a four-week period. It should be noted that four weeks is not the same as one month.
In this case, if the notice periods are terminated by the employee not complied with, this is not per se ineffective, but simply admissible at the next possible date.
Important! Do not forget the Termination date in the notice of termination, which is always in writing should be made. Furthermore proper delivery to be observed.
If you as an employee without notice If you would like to terminate your employment, there should be a good reason for doing so serious reason for the premature termination give.
As a rule, it goes like this: An employee terminates without notice if the situation is intolerable.
You can terminate without notice as an employee, for example, for the following reasons Reasons:
- Repeated failure to pay the agreed remuneration
- insults and / or assault by the employer
- Sexual harassment, mobbing
- Continued serious safety deficiencies
When giving notice of termination without notice as an employee, make sure that you are submitted the letter within two weeks from the date of knowledge of the reason for termination becomes. The employment relationship is terminated upon receipt of the notice of termination immediately dissolved.
Last but not least: Further tips
- The statutory notice periods apply only, if No other contractual or company agreements have been made or no collective bargaining agreement has been concluded takes effect.
- According to labor law, termination by the employer within the probationary period at any time occur; with a Deadline of two weeks.
- An alternative to termination is the Termination agreement present.
Termination of employment by the employee – a sample
The following is a sample letter of termination that you can use as a guide. It should be noted that it should still be individually adapted. This is only a sample and should in each case be individually adjusted. Furthermore, please make sure that the letter signed by hand is.
Name of the contact person
Address of the employer
Sample notice of termination by employee
Dear Ms/Mr xyz,
I hereby give notice of termination of my existing employment contract in due form and time as of the next possible date.
Please confirm in writing the receipt of the notice of termination and the termination date.
I would also like to ask you to issue me with a qualified employer’s reference.
I thank you very much for the cooperation so far.
Termination received on: ____________________
Download the sample employee termination notice here for free!
Please note that this is only a sample. Therefore, do not adopt this unchanged.
Further literature on the subject
Below you will find a selection of different books on the subject of termination: