I would like to cancel myself, what do I have to consider?
The statutory period of notice is at least 4 weeks (normally 6) and, unless otherwise agreed, only at the last of the month. However, it can also be agreed in the employment contract that the 15th of a month also goes. This means that you must submit the notice of termination to the employer in advance (preferably in writing) in order to properly end the employment contract on the planned day. By the way, this also applies to freelancers!
If I don't meet the deadline, will anything happen?
The employer can then withhold any remaining claims, such as the rest of the special payment (13th & 14th salary), unpaid hours, or not pay out the remaining vacation. However, we recommend open vacation days to claim, as they cannot be withheld.
I've been dismissed, what do I have to consider?
In principle, it is important that the employer has fulfilled his duties and meets all deadlines. At the end of the trial month, the notice period on the part of the employer is 6 weeks, regardless of whether there is an employment relationship or a freelance employment contract. This deadline must be met in the event of termination. If you have a works council (e.g. if you work for Mjam or Lieferando), it must also be informed in due time. In this case, you can always contact your works council.
What are my requirements?
You are entitled to time off work to look for a new job. This is 4 hours a week during the cancellation period - but does not apply if you cancel yourself! You can use this time for job interviews, for example. All your outstanding payments must also be paid out (remaining vacation, extra or overtime, aliquot 13th & 14th salary).
My fixed-term employment contract has expired and will not be extended.
In the case of fixed-term contracts, both parties must agree to the extension otherwise they separate and it is not a “normal” termination, but everything that is still outstanding must be paid out (remaining vacation, special payments...). However, if you show yourself ready to work on the first day after the end of the fixed-term contract and can start working, the contract is automatically terminated. However, time limits do not protect against normal termination!
