If the dismissal with immediate effect is not possible (no good cause; knowledge of the good cause since more than two weeks), the dismissal can terminate the employment relationship not until the end of the notice period.

The notice period starts when the other party receives the dismissal.

The duration of the notice period is determined in the employment contract, in a bargaining agreement with the trade union or in Section 622 of the German Civil Code. Examples according to the law:

The employment relationship can be terminated

• by each party with a notice period of
• two weeks during the probationary period (maximum six months), afterwards
• four weeks to the fifteenth or to the end of a calendar month.
• by the employer with a notice period of
• one month to the end of a calendar month after two years of service,
• two months to the end of a calendar month after five years of service,
• three months to the end of a calendar month after eight years of service,
• four months to the end of a calendar month after ten years of service,
• five months to the end of a calendar month after twelve years of service,
• six months to the end of a calendar month after fifteen years of service,
• seven months to the end of a calendar month after twenty years of service.

Until the end of the notice period, the employee has to work as usual and he is entitled to his salary etc. as usual.

Under certain conditions, it is possible to release the employee from work until termination date (i.e. the salary continues without work).

The employer might offer a settlement agreement with a payment in lieu of notice, but the employee will usually not accept this, because he will not get unemployment benefits in this case until the end of the notice period (see pros and cons of the settlement agreement).

The proper dismissal by the employee has no further requirements.

The dismissal observing the notice period can be excluded for both parties, e.g. according to the contract in the period between signing the employment agreement and beginning of work or according to the law in a fixed-term contract.