Ending employment: notice, termination agreement and entitlements
8 tasks in suggested order
1. First identify how the employment relationship is ending
Distinguish in particular between your own notice, notice by the employer and a termination agreement. Under § 623 BGB, notice and a termination agreement require written form; electronic form is excluded. The type of ending affects the next deadlines, a possible court claim and unemployment benefit.
Before giving notice yourself or signing an agreement; if notice has already been received, immediately.
With your employer or HR department.
Employment contract, applicable collective agreement and the notice or draft termination agreement.
A verbal notice or notice only by email does not satisfy the statutory written-form requirement. Sign a termination agreement only when the end date and consequences are clear.
Official source: Bundesrepublik Deutschland
2. Check the notice period and final employment date
Then check the date on which employment actually ends. § 622 BGB sets statutory baseline notice periods; a collective agreement and permitted contractual rules can differ. Determine the final employment date only after checking the rule that applies to you.
As soon as the end of employment is known.
With your employer or HR department.
Employment contract, collective agreement, date the notice was received or given, and the stated end date.
Do not rely on one universal notice period. Collective agreements and a probationary period in particular can change the calculation.
Official source: Bundesrepublik Deutschland
3. If the employer dismissed you, watch the 3-week court deadline
If applicable: Only if the employer gave notice and you want a court to review whether the notice is valid.
If you consider an employer notice invalid, a dismissal-protection claim generally has to be filed with the labour court within 3 weeks after receipt of the written notice. Do not wait until the notice period ends before deciding.
Immediately after receipt; the statutory filing period is generally 3 weeks.
At the competent labour court.
Written notice with date of receipt, employment contract and documents supporting your objections.
The 3 weeks generally run from receipt of the written notice. In special cases the period can start differently; if in doubt, obtain qualified advice quickly.
Official source: Bundesrepublik Deutschland
4. Clarify unused leave and, if necessary, check leave compensation
Check your remaining leave before the final working day is fixed. If leave can no longer be granted in whole or in part because employment ends, § 7(4) BUrlG requires compensation. Coordinate leave and any compensation with the actual end date.
As soon as the end of employment is known.
With your employer or HR department.
Current leave balance, leave already approved and the confirmed end date.
Payment is not simply a freely chosen alternative: § 7(4) BUrlG links it to leave that can no longer be taken because employment is ending.
Official source: Bundesrepublik Deutschland
5. Check the final payslip and outstanding working-time claims
Check the final payslip for the payroll period, pay, supplements, other remuneration and deductions. Whether outstanding overtime must be paid or compensated with time off also depends on the employment contract, collective agreement, works agreement and the applicable rules.
Check no later than the final wage or salary payment.
With your employer or HR department.
Recent payslips, your own working-time records, overtime agreements, employment contract, collective agreement and works agreement if applicable.
The payslip shows how the payment is composed; by itself it does not determine whether all contractual claims have been satisfied. Lili tip: before your final access day, keep your own permissible working-time and payroll records. This is practical precaution, not an additional legal duty.
Official source: Bundesrepublik Deutschland
6. Request an employment reference and check its content
When employment ends, § 109 GewO gives you a right to a written employment reference. A simple reference contains at least the type and duration of the work; on request a qualified reference can additionally cover performance and conduct.
Request or check it no later than the end of employment.
With your employer or HR department.
Job title, employment period and, if applicable, your request for a qualified reference.
Check that the job and employment period are correct; for a qualified reference also check performance and conduct.
Official source: Bundesrepublik Deutschland
7. Check social-insurance deregistration and the final reported data
The employer must report the end of employment subject to social insurance to the collecting agency. Under § 28a SGB IV, you must be informed of the content of the report; when employment ends, the certificate must be issued without delay after the final report is submitted. Keep it with your final documents.
At the end of employment or as soon as the final documents are available.
With your employer or HR department.
Final payslip, social-insurance report or certificate, and your personal master data.
The report is the employer’s duty; nevertheless check the end date and your personal data in the documents.
Official source: Bundesrepublik Deutschland
8. Notify the Federal Employment Agency in time and check effects on unemployment benefit
Register as a jobseeker as soon as the end is known: no later than 3 months before the end, or within 3 days if you learn about it later. Jobseeker registration does not replace unemployment registration; the latter must be completed no later than the first day of unemployment. Resigning yourself or signing a termination agreement can trigger a waiting/suspension period for unemployment benefit. There is no general entitlement to severance pay, and severance can also affect unemployment benefit.
Jobseeker registration immediately, no later than 3 months before the end or within 3 days if known later; unemployment registration no later than the first day of unemployment.
Online, by phone or in person with the Federal Employment Agency or the competent local employment agency.
Notice/termination agreement, known end date and, for unemployment registration, the identity information or online identification required by the Federal Employment Agency.
Jobseeker registration and unemployment registration are two different steps. If you resign yourself or sign a termination agreement, clarify possible effects on unemployment benefit preferably before signing.
Official source: Bundesagentur für Arbeit
