The problem in one picture
Four weeks or seven months: a miscalculated notice period costs money
The period depends on who terminates, how long the employment has lasted and what the contract or a collective agreement says. After receipt, two further deadlines start to run.
- The riskEnd date set too early, years before age 25 left out, or the notice sent by e-mail.
- What it costsWith a wrong end date, pay is owed until the correct date. A notice by e-mail is void and starts no deadlines.
- What to doCheck the contract and any collective agreement, count service from day one, give notice on paper with a handwritten signature, mind receipt.
Rule of thumb: read the contract and collective agreement first, then count from receipt: 28 days to the 15th or the end of a month, longer for the employer as seniority grows.
The basic period: four weeks to the 15th or the end of a month
The basic rule is in sec. 622(1) BGB: an employment relationship may be terminated with four weeks’ notice effective on the fifteenth or on the last day of a calendar month. Four weeks means exactly 28 days — not a month, and that difference causes regular mistakes. The notice must reach the recipient at the latest 28 days before the chosen end date. Example: a notice received on 5 July can end the employment on 15 August at the earliest, because a full four weeks no longer fit before 31 July. What counts is receipt (Zugang), not the date on the letter or the day of posting. The basic period binds both sides — employer and employee.
At a glance
Worked example: notice received on 5 July
- 5 July · The notice is received. The 28 days start here.
- 31 July · A full four weeks no longer fit before the end of the month. This date is out.
- 15 August · Earliest possible end of the employment.
The basic period binds employer and employee (sec. 622(1) BGB).
Seniority extends the period — but only for the employer
The longer the employment, the longer the period the employer must observe (sec. 622(2) BGB) — always effective at the end of a calendar month:
| Length of service | Employer’s notice period |
|---|---|
| after 2 years | 1 month to the end of a month |
| after 5 years | 2 months to the end of a month |
| after 8 years | 3 months to the end of a month |
| after 10 years | 4 months to the end of a month |
| after 12 years | 5 months to the end of a month |
| after 15 years | 6 months to the end of a month |
| after 20 years | 7 months to the end of a month |
The statutory extension applies only to termination by the employer. The employee may leave with the basic four weeks even after twenty years — unless the employment contract extends the longer periods to both sides. Such clauses are common and permissible, with one limit: the employee’s notice period must not be longer than the employer’s (sec. 622(6) BGB).
At a glance
Longer periods apply to the employer only
| Length of service | Employer | Employee |
|---|---|---|
| after 2 years | 1 month | 4 weeks |
| after 5 years | 2 months | 4 weeks |
| after 8 years | 3 months | 4 weeks |
| after 10 years | 4 months | 4 weeks |
| after 12 years | 5 months | 4 weeks |
| after 15 years | 6 months | 4 weeks |
| after 20 years | 7 months | 4 weeks |
Extended periods always run to the end of a calendar month (sec. 622(2) BGB).
Years of service before the age of 25 count as well
Sec. 622(2) BGB still contains a sentence excluding periods of employment before the employee’s 25th birthday from the calculation. That rule must not be applied: the Court of Justice of the EU held it to be age discrimination contrary to EU law and obliged national courts to disapply it (judgment of 19 January 2010, C-555/07, Kücükdeveci). Service therefore counts from day one — whoever started at 18 and worked ten years has a full ten years. If the employer calculated otherwise, the stated notice period is too short.
At a glance
Service counts from day one
- Years before age 25 are excluded
- This rule must not be applied
- Age discrimination contrary to EU law
- Service counts from day one
- Started at 18, worked ten years: a full ten years
- Calculated otherwise: the notice period is too short
ECJ, judgment of 19 January 2010, C-555/07 (Kücükdeveci).
Probation: two weeks, effective on any day
During an agreed probation period, for no longer than the first six months, either side may terminate with two weeks’ notice (sec. 622(3) BGB) — with no fixed end date, the termination simply takes effect fourteen days after receipt. Two caveats. First, probation must be agreed — the mere fact that the employment is younger than six months does not shorten the period. Second, protection against dismissal is a separate question: the Dismissal Protection Act generally applies only after six months, while the periods of sec. 622 BGB apply from day one.
At a glance
Probation: a short period, but only if agreed
Protection against dismissal is a separate question: the Dismissal Protection Act generally applies only after six months, sec. 622 BGB from day one.
The contract and collective agreements can change the rules
Longer contractual periods are possible with practically no limit — the boundary is the ban on binding the employee to a longer period than the employer. Shortening is allowed only exceptionally: for temporary help hired for up to three months and in small businesses with generally no more than 20 employees, where the period may be reduced to four weeks without fixed end dates (sec. 622(5) BGB). A collective agreement may provide different — including shorter — periods (sec. 622(4) BGB), which matters in construction, among others. The first step is therefore always to read the contract and to check whether a collective agreement applies.
At a glance
What the contract and collective agreements may change
permitted
prohibited
First step: read the contract and check whether a collective agreement applies.
Written form or nothing — sec. 623 BGB
A termination of employment requires written form to be valid, and electronic form is expressly excluded (sec. 623 BGB). That means paper with a handwritten signature — notice by e-mail, scan, text message or messenger is void and starts no deadlines. The same applies to a termination agreement (Aufhebungsvertrag) — when to sign such a document at all is covered in our article on the Aufhebungsvertrag. In practice receipt is decisive: the notice takes effect the moment it reaches the recipient in such a way that they can take note of it — dropping the letter into the mailbox is enough.
At a glance
Only paper with a signature ends the employment
- Paper with a handwritten signature
- Takes effect on receipt by the recipient
- Dropping it into the mailbox is enough
- E-mail, scan, text message, messenger
- Electronic form expressly excluded
- Starts no deadlines
The same applies to a termination agreement, the Aufhebungsvertrag (sec. 623 BGB).
A wrong end date does not automatically invalidate the notice
Employers regularly miscalculate — stating a date that is too early or impossible, such as mid-month where an extended period applies. Such a notice is generally not invalid for that reason: labour courts usually construe it as a termination effective on the next permissible date. Do not count on the date error alone to defeat the dismissal. Its practical meaning lies elsewhere — pay is owed until the correct date, and the dispute over the date is best combined with a challenge to the dismissal itself.
At a glance
Wrong end date: the notice takes effect later, not never
- 1The errorA date too early or impossible, such as mid-month where an extended period applies.
- 2ConstructionLabour courts usually read it as a termination effective on the next permissible date.
- 3The consequencePay is owed until the correct date.
Two deadlines you must not miss
First: three weeks from receipt of the notice to file an unfair dismissal claim (sec. 4 of the Dismissal Protection Act). After that, the dismissal is generally deemed effective — even a plainly defective one. How the procedure works is described in our article on the German labour court. Second: registering as a jobseeker with the Agentur für Arbeit — at the latest three months before the employment ends, and if you learn of the end date later, within three days of receiving notice (sec. 38 of the Social Code III). The duty exists regardless of whether you challenge the dismissal in court. A late registration can cost you a benefit suspension period. And where the employer terminates without any notice period — fristlose Kündigung — different rules apply, including a two-week deadline on the employer’s side, covered in our article on summary dismissal.
At a glance
Two deadlines after receipt of the notice
Summary dismissal (fristlose Kündigung): different rules apply, including a two-week deadline on the employer’s side.
Notice in hand — the first steps
Note the day of receipt — every deadline runs from it. Check the form: paper and a handwritten signature, otherwise the notice is void. Count your service from day one, including years before age 25, and compare the stated date with sec. 622 BGB, the contract and any collective agreement. Remember the three weeks for the court claim and the jobseeker registration within three days. Do not sign any termination agreement on the spot. When in doubt, have the letter reviewed by a lawyer — the date and the validity of the dismissal are one analysis.
Frequently asked questions
How long is the basic notice period in Germany?
Four weeks (28 days), effective on the fifteenth or the last day of a calendar month (sec. 622(1) BGB). During probation, two weeks.
Which period applies after 10 years of service?
The employer must observe four months to the end of a month (sec. 622(2) BGB). The employee keeps the basic period unless the contract extends the longer periods to both sides.
Do years worked before age 25 count?
Yes. The provision excluding them must be disapplied after the ECJ judgment C-555/07 — service counts from day one.
Is a notice by e-mail or text message valid?
No. Sec. 623 BGB requires written form and excludes electronic form — paper with a handwritten signature is needed.
What if the employer miscalculated the date?
The notice generally takes effect on the next permissible date, and pay is owed until then. The date error alone rarely defeats the dismissal — its validity needs checking too.
How much time do I have to sue?
Three weeks from receipt (sec. 4 Dismissal Protection Act). After that the dismissal is generally deemed effective.
When must I register with the Agentur für Arbeit?
At the latest three months before the employment ends, or within three days of learning the end date if less time remains (sec. 38 Social Code III).
This overview is based on sec. 622 and sec. 623 BGB, sec. 4 of the Dismissal Protection Act and sec. 38 of the Social Code III, as well as the ECJ judgment of 19 January 2010, C-555/07 (Kücükdeveci). Legal position: July 2026. This article is for information purposes and does not replace legal advice in an individual case.