Can my employer terminate my employment
Get out of your employment contract faster? 4 tricks that work
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- Get out of your employment contract faster? 4 tricks that work
The better job offer is on the table. You have already signed. Only the notice period stands in the way of the new position. How do you get out of the employment contract faster - and can the contractually agreed notice period be shortened at all? Absolutely! Employees have four options to terminate their current employment early. We'll show you which - and how they work, so that you can get out of your employment contract faster ...
➠ Content: This is what awaits you
➠ Content: This is what awaits you
Notice periods: which apply?
In principle, employees have the right to terminate their employment contract with ordinary notice at any time. You do not have to give a reason for termination. In addition, the so-called basic notice period for self-resignation always remains the same for employees: four weeks to the 15th or the end of the month (Section 622 (1) BGB). Unless a longer period of notice has been agreed in the contract or collective agreement. During the probationary period, the period is only two weeks.
Get out of your employment contract faster: 4 options
When the dream job beckons, many employees want to get out of their employment contract faster. A long period of notice is only blocking. But what if the current employer goes wrong? Can the notice period be shortened? - Yes! With these tricks you can get out of the employment contract faster ...
First check your employment contract (if applicable the collective agreement and a works agreement): What is the notice period? In addition, you should investigate whether the contract contains inadmissible clauses. With a little luck, the employer will have made a mistake that will suit you. If in doubt, you can also seek advice from a lawyer specializing in labor law. He can perhaps check the effectiveness of agreements even better.
The second step is trying to reach a friendly agreement. Some superiors have understanding and little interest in keeping an unmotivated employee on and paying them. In that case, you can be released unpaid or a termination agreement can be concluded. Both sides have to agree to this. The advantage, however, is that it can be closed with immediate effect. Without any notice.
It doesn't matter to you that - theoretically - you risk a lock-up period of up to 3 months for unemployment benefits. You already have the follow-up job!
Work out how many vacation days you have left. You can take this remaining leave so that it extends until the last working day. This can also shorten the notice period. However, the employer may refuse the vacation request for operational reasons. For example, because too many other colleagues have already taken their annual vacation or are absent due to illness. In that case, the boss has to pay you at least the remaining vacation days.
Termination without notice by employees
Not only employers, but also employees can submit a termination without notice and thus shorten a long notice period. Extraordinary termination by employees is tied to strict requirements and is only possible for an “important reason” that makes further cooperation unreasonable. Permissible reasons for termination are:
In most cases, however, these are individual decisionsthat must be clarified in court. That also costs time. In addition, termination without notice by employees must be preceded by a warning. For example in the event of late payment. We therefore recommend that you always seek advice from a lawyer BEFORE terminating the contract without notice.
Get alternative sick leave?
Quite a few employees come up with the idea of taking early sick leave in order to start working for the new employer. Very stupid idea! Anyone who is found working for another company during the notice period risks severe contractual penalties.
First, it is working time fraud; secondly, an unauthorized sideline or even competitive activity. The previous employer can not only have the court forbid this by means of a temporary injunction (which the new boss will also notice). He can therefore also terminate the contract without notice.
Please don't think, that plays in your cards. Serious fraud may appear in the job reference, which puts an enormous strain on future applications. On top of that, your reputation with the new employer is battered. Who knows if you will use the same scam against him ?! Apart from possible claims for damages from the old employer. So please: never do it!
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