I signed a one year employment contract last year. I want to go to school and not renew the contract. My manager is telling me I need to give them three months notice otherwise I can’t end my employment.

What happens if my course starts in one month, after they one year mark, and I want to stop working? How much notice do I have to give them?

Let me know if any additional info is required.

Edit: I’m not home right now. I’m going to upload the section in the contract that pertains to cancellation. Just to be clear though, I’m not trying to end the contract early; I don’t want to keep working there past the end of the contract.

Edit: Kündigung section of contract

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15 comments

  1. If the contract itself says that it ends after a year, you do not need any notice as the contract ends automatically.

  2. If it’s an actual befristeter Arbeitsvertrag you do not need to do anything. It ends automatically

  3. Check your contract for extension clauses. Something along the lines of “this contract will turn into an unlimited contract on DATE unless canceled in writing by either party before OTHER-DATE.

    That’s the only way I can imagine how they could enforce the 3 months. Otherwise, once the contract ends its over.

  4. Maybe there is some miscommunication between HR and your boss and he actually doesn’t know your contract

  5. If the contract has an end date it ends on that date and if you don’t sign a renewal you don’t work for them anymore after the end date of your contract. But that’s only if there is nothing in the contract that is doing an auto renewal. Read the contract carefully and in doubt get a lawyer.

  6. Usually, you don’t need to notify them if your contract is ending. But it is always polite to tell them in advance that you don’t intend to sign a new contract (based on my own experience). I also have this situation before, that on short notice I have to notify them that I will not signing a new contract. I asked HR how many vacation days I have left, and good thing it still covers my last remaining shifts. So I took all of it and just let my current contract die on its own.

  7. It depends on the contract…

    If it’s “renew by default” type contract, there’s probably a notice period in case you don’t want it extended.

    If it’s really a fixed-term contract with no automatic extension, there should be no notice period.

    Better check the actual contract. If you don’t speak German, ask your girlfriend to do it for you. Contract term and termination usually have their own section and should be easy to locate.

  8. If it’s befristet then you are right and he is talking out of his ass and is probably not fit to be employing people

  9. probably the contract ends after a year but is automatically renewed i had one like that once. in that case the usual 3 months may apply. take it withba grain of salt though i’m from austria so its possible things are slightly different in germany

  10. Unless it has some kind of auto-renewal, your contract ends at the end of its term. It sounds like your boss fucked up and is trying to cover himself until they find someone to replace you.

  14. A “Fristlose Kündigung” on good grounds is also an option …. they won’t go to court anyway or they would have to admit it was an indefinite contract all along.

  15. What are they going to do if you don’t come because you start your school? In good German: Dein Arbeitgeber kann sich auf den Kopf stellen und mit den Beinen wackeln, but be can’t force you to work.

    Suggest to him that he can sue you. 😂 That’s so expensive for him, he won’t do ANYTHING about it.

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