Oral notices are generally ineffective
As in the film, verbally explaining “I’m quitting” to the bad employer in persona may be a nice idea for some – but in Germany it tends to lead to complications. Because: According to paragraph 623 BGB, a termination must always be in writing. Verbal notices of termination are therefore generally not valid (incidentally, as is notice by e-mail or a letter with an electronic signature); the notice of termination must be submitted to the employer in paper form. However, after a verbal termination by the employee, many employers may have little interest in keeping the individual in the company, which can lead to awkward conversations and negotiations about the end of the employment relationship. Declaring the termination verbally in an emotional state is therefore not recommended.
The resignation letter should not be unnecessarily long or emotional
Emotional formulations or even a list of all the reasons why you no longer feel comfortable with your employer are also out of place in writing. Because not only do you have to work in the company until the end of the contract (usually three months after the termination) – the employer also has to issue the job reference. So it pays to stay friendly and respectful to the end. If you absolutely want to give emotional feedback, you should do so after the last day of work and after receiving the reference. The following applies to the letter of termination itself: courtesy is appropriate, a reason for the termination is not required. So the letter should be kept short and clear.
A work reference is not the same as a work reference
There are different types of job references. The letter in which the employer explains in detail which skills the employee brought to the table and how satisfied he is with the work performed is understood as a qualified job reference. If such detailed job references are good, you can score points with future employers. The letter of termination should therefore not only ask for a reference, but explicitly for a “qualified reference”.
Clarity is also required with regard to the wording of the termination itself: “I would like to terminate the contract here”, “I would like to submit my termination herewith” or similar formulations do not make sense because they do not make it expressly clear that the termination is actually taking place. Although most employers are understanding – but in the worst case it can lead to a legal dispute.
The date of issue and the exact end of the contract must be included in the notice of termination
For this reason, the termination itself should be formulated clearly: “I hereby terminate my employment contract in good time on [Datum Vertragsende].” This makes it clear how long the employee will remain in the company. In order to avoid mistakes here, you should also take a look at the contract before writing the notice of termination and check the agreed notice period that you have to adhere to. In addition to the date the contract ended, the date the letter of termination was issued should always be noted in the letter itself, in order to avoid any disagreement as to whether the notice of termination was submitted on time.
Finally, never submit a notice of termination without asking for written confirmation. This is how you protect yourself as an employee in the event that the notice of termination is lost by the employer or does not even arrive.
Editorial office finanzen.net
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