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I work in Germany and have to give 3 months notice of termination

 
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  • Answered by:legal eagle
  • Attorney
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  • Accepted Answers: 389
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in German Law

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Customer Question

I work in Germany and have to give 3 months notice of termination of my employment. If I give say 12 months, can they make me leave in 3 or do they have to honour the 12?

Submitted: 341 days and 6 hours ago.
Category: German Law
Value: 25 €
Status: CLOSED
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Expert:  ben.jones replied341 days and 6 hours ago.


Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know if your contract is governed by German law?

Customer :

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Expert:  ben.jones replied341 days and 6 hours ago.

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Expert:  ben.jones replied341 days and 6 hours ago.

I have ended the Live Chat session as it appears some technical issues may have prevented us from using it. We will therefore continue in Q&A mode. Please let me know if your contract is governed by German law?

Customer replied341 days and 6 hours ago.

I could not answer your question before as the system did not allow:

I work for a German company and I am also under a German contract, living in Frankfurt (NB - I am NOT and expat)

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Expert:  ben.jones replied341 days and 6 hours ago.

OK you have posted your question in the UK law section. I will move it to our German law section and someone should hopefully get back to you soon. Please do not reply to this message as it will just assign the question back to me. Thanks

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Expert:  legal eagle replied341 days and 5 hours ago.

Dear Customer,


thanks for using Just Answer.


The termination is three months as stated in your contract.

It is alway these 3 months.

If you want to leave in 12 months`´ time you can send the letter of termination in 9 months so your employer gets it three months before you want to end your employment.

Thus you have kept the 3 months.


Theoretically you could send it 9 months before you want to leave and name the date when you want to be leaving but that would be a bit unusual.


I hope I was able to help

If not please do not hesitate to ask

If so please do not forget to give me feedback

Thanks

Customer replied340 days and 1 hours ago.

Thanks, XXXXX XXXXX quite answer my question clearly. Can the company I work for make me leave in 3 months if I give 12 months notice (as unusual as that may be, its just an example) or do they have to honour the 12?

Thanks


Andrew

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Expert:  legal eagle replied339 days and 13 hours ago.

Dear Customer,

oh now I understand what you mean.


They can always give you 3 months` notice and they do not have to honour the 12.


If I have helped please give me feedback

Thank you



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Expert:  legal eagle replied337 days and 15 hours ago.

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Expert:  legal eagle replied337 days and 15 hours ago.

Dear Customer,


let me please clarify:

If you give notice in 12 months` time your firm acaanot make you leave in 3 months because of the notice you have given.


What they can do however and that was what I meant is that they can give notice of their own in 3 months and so terminate your employment
earlier than those 12 months.





I hope I was able to help you

Customer replied335 days and 10 hours ago.

Your answers are a little vague, sorry.

If I give 12 months, but they turn it back on me and give me 3 months notice, surely they have to have reason otherwise I can sue for the 9 months missing salary?

Accepted Answer

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Expert:  legal eagle replied335 days and 5 hours ago.

Dear Customer,


yes of course they cannot give notice without having a reason to dismiss you.


What I wanted to say that giving 12 months` notice does not protect you from your employer givin y o u notice.


Expert TypeAttorney
Category: German Law
Pos. Feedback: 100.0 %
Accepts: 389
Answered: 6/18/2012

Experience: More than 18 years of experience in practicing law

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