494
=S=> BGB 622. 1 The employment relationship of a wage-earner or a salary-earner ( employee ) may be terminated with a notice period of four weeks to the fifteenth or to the end of a calendar month .
=S=> BGB 622. 2 For notice of termination by the employer , the notice period is as follows if the employment relationship in the business or the enterprise has lasted for two years , one month to the end of a calendar month , has lasted for five years , two months to the end of a calendar month , has lasted for eight years , three months to the end of a calendar month , has lasted for ten years , four months to the end of a calendar month , has lasted for twelve years , five months to the end of a calendar month , has lasted for fifteen years , six months to the end of a calendar month , has lasted for twenty years , seven months to the end of a calendar month . In calculating the duration of employment , time periods prior to completion of the twenty-fifth year of life of the employee are not taken into account .
=S=> BGB 622. 3 During an agreed probationary period , at most for the duration of six months , the employment relationship may be terminated with a notice period of two weeks .
=S=> BGB 622. 4 Provisions differing from subsections ( 1 ) to ( 3 ) may be agreed in collective agreements . Within the scope of applicability of such a collective agreement , the different collective agreement provisions between employers and employees who are not subject to collective agreements apply if the application of collective agreements has been agreed between them .
=S=> BGB 622. 5 In an individual contract , shorter notice periods than those cited in subsection ( 1 ) may be agreed only if an employee is employed to help out on a temporary basis ; this does not apply if the employment relationship is extended beyond a period of three months ; if the employer as a rule employs not more than 20 employees with the exception of those employed for their own training and the notice period does not fall short of four weeks . When the number of employees employed is determined , part-time employees with regular weekly working hours of not more than 20 hours are counted as 0. 5 employees and those working not more than 30 hours are counted as 0. 75 employees . The agreement in an individual contract of longer notice periods than those stated in subsections ( 1 ) to ( 3 ) is unaffected by this .
=S=> BGB 622. 6 For notice of termination of employment by the employee , no longer notice period may be agreed than for notice of termination by the employer .
|
