Unlike “at-will” systems in other countries, employment in Germany can only be ended through a formal and legally regulated process. One of the most common forms is ordinary termination—also known as dismissal with notice.
Ordinary termination (German: ordentliche Kündigung) means that the employment relationship is ended by either the employer or the employee, with advance notice. While it seems straightforward, it must comply with strict rules concerning timing, justification, and procedure.
This article explains what ordinary termination means under German labor law, how it works, and what rights and responsibilities employees—especially expats—should be aware of.
1. What Is Ordinary Termination?
Ordinary termination is the regular, notice-based termination of an employment relationship. It can be initiated by:
- The employer (dismissal), or
- The employee (resignation)
Unlike extraordinary termination, ordinary termination:
- Requires advance notice
- Must comply with statutory or contractual notice periods
- Typically applies when there is no serious misconduct
📌 Ordinary termination is the most common type of contract end in Germany.
2. Legal Basis: Section 622 BGB
The legal foundation is Section 622 of the German Civil Code (BGB), which defines minimum notice periods for both parties, depending on:
- Who gives notice
- How long the employment has lasted
- What is agreed in the contract
Statutory notice period (employee resigning):
▶ 4 weeks to the 15th or end of a calendar month
Statutory notice period (employer terminating):
| Length of Employment | Employer’s Notice Period |
|---|---|
| < 2 years | 4 weeks |
| 2 years | 1 month |
| 5 years | 2 months |
| 8 years | 3 months |
| 10 years | 4 months |
| 12 years | 5 months |
| 15 years | 6 months |
| 20+ years | 7 months |
📌 These periods can be extended in the employment contract—but not shortened.
3. Grounds for Employer-Initiated Ordinary Termination
Employers can only terminate for socially justified reasons, according to the Protection Against Dismissal Act (KSchG).
These fall into three categories:
✅ Operational Reasons
- Department or site closure
- Business restructuring
- Decline in business activity
(see also: Dismissal for Operational Reasons)
✅ Personal Reasons
- Long-term illness with poor prognosis
- Loss of work permit or qualification
(see also: Dismissal for Personal Reasons)
✅ Conduct-Based Reasons
- Repeated misconduct after formal warning
- Breach of contractual duties
(see also: Dismissal for Behavioural Reasons)
📌 The employer must prove that dismissal was the last resort after considering alternatives (reassignment, warnings, etc.).
4. Rules for Employee-Initiated Ordinary Termination
Employees may resign at any time by observing the proper notice period. No justification is needed. However:
- The resignation must be in writing (signed, on paper)
- Digital or verbal notices are invalid
- The notice period starts the day after receipt by the employer
📌 Employees on residence permits (e.g. Blue Card) should consult the immigration office before resigning, as the right to stay may depend on employment.
5. Can Ordinary Termination Be Challenged?
Yes—especially if the employer initiates it. An employee can:
- File a dismissal protection claim (Kündigungsschutzklage)
- Must act within 3 weeks of receiving the notice
- May argue that the reason was unjustified or procedure flawed
The labor court may:
- Declare the dismissal invalid
- Order reinstatement
- Negotiate a settlement or severance payment
📌 The burden of proof lies mostly with the employer.
6. Works Council Involvement
If a works council exists, it must be formally consulted before an ordinary termination is issued.
- The employer must submit a justification
- The council may object, but cannot block the termination
- Non-compliance makes the dismissal invalid
7. Ordinary Termination During Probation
During the first 6 months of employment (probation period):
- The statutory notice period is usually 2 weeks
- The employer does not need to justify the termination under KSchG
- Written notice is still required
- Special protection (e.g. for pregnant employees) may still apply
8. Special Protection Rules Still Apply
Ordinary termination is not allowed in specific cases without special permission:
- Pregnant employees
- Employees on parental leave
- Severely disabled employees (requires consent from the integration office)
- Works council members
These employees are covered by special protection against dismissal.
9. Notice Period Compliance and Final Pay
During the notice period:
- The employee must continue to work normally
- The employer must continue to pay full salary
- Remaining vacation days may be taken or paid out
- The employer must issue a work certificate (Arbeitszeugnis) on request
📌 Final salary and unused leave should be paid on the last working day.
Conclusion
Ordinary termination is the standard way to end employment in Germany—but it is not without structure. Employees and employers must comply with formal requirements, observe notice periods, and understand when and how termination is legally allowed.
For employees—especially expats—knowing your rights can help you avoid unfair treatment and plan your next move with confidence. Whether you’re resigning or being dismissed, take time to review your contract and legal options.
