One day’s delay costs weeks. If notice with the statutory minimum period reaches the recipient on 2 September 2026, the contract ends on 30 September 2026; if it does not reach them until 3 September 2026, it runs until 15 October 2026.
What termination at the end of the month means
The date falls on the last calendar day of the month, even if that is a Saturday, Sunday or public holiday; unlike many other deadlines, a termination date does not move to the next working day. Until that day expires, the employment relationship continues with all its rights and duties.
The last day of the contract and the last working day often differ. With notice to the 31st, the contract ends on the 31st, but the employee actually last works on the last working or shift day before that, or earlier if released from duty; pay nonetheless continues until the 31st. What happens to unused holiday is covered in Remaining Holiday After Termination.
To the 31st or to the 1st: notice is given to the last day of the month, and any new contract begins on the 1st of the following month. Anyone who, under an end of month clause, gives notice “to the 1st” has named the wrong date.
Which date counts: the day of receipt
Under § 130 (1) BGB, a notice only takes effect on receipt. The date on the letter and the postmark are irrelevant; the period runs from the day the letter arrives.
Notice has been received once it has entered the recipient’s sphere of control, for instance their letterbox, in such a way that under ordinary circumstances they can be expected to take notice of it. The Federal Labour Court looks at the usual delivery times for post in the individual case, not at a fixed time of day (BAG, judgment of 22 August 2019, case 2 AZR 111/19). Whoever gives notice bears the burden of proving receipt.
Anyone giving their own notice should therefore allow for postal transit time or hand over the letter in person against a receipt. For the reverse situation, after notice given by the employer, Received a Dismissal: The First Steps describes what to do.
Once an employer’s notice has been received, the three week period for an unfair dismissal claim begins to run (§ 4 KSchG). Details are set out in Unfair Dismissal Claim: Deadline and Procedure.
The statutory notice periods under § 622 BGB
The minimum notice period is four weeks to the 15th or to the end of a calendar month (§ 622 (1) BGB). Four weeks means exactly 28 days, not one month. An employee who wants to give notice in good time can rely on this period regardless of length of service, as long as the employment contract does not provide otherwise.
For the employer, the notice period lengthens with the duration of the employment relationship (§ 622 (2) BGB), always to the end of a calendar month:
| Length of service | Employer’s notice period |
|---|---|
| 2 years | 1 month to the end of the month |
| 5 years | 2 months to the end of the month |
| 8 years | 3 months to the end of the month |
| 10 years | 4 months to the end of the month |
| 12 years | 5 months to the end of the month |
| 15 years | 6 months to the end of the month |
| 20 years | 7 months to the end of the month |
Under a contract, the employee’s notice period may not be longer than the employer’s (§ 622 (6) BGB).
When to give notice follows by working backwards from the desired end date: end date minus notice period is the day by which the notice must arrive at the latest. Before resigning, two points are worth checking: a possible suspension period for unemployment benefit and whether severance pay on resignation (currently available in German only) is achievable.
Probationary period: two weeks’ notice, any day
During an agreed probationary period, for at most six months, the notice period is two weeks (§ 622 (3) BGB). There is no fixed end date: notice can be given to end on any day, not only the 15th or the end of the month.
Example: if notice reaches the recipient on Monday, 5 October 2026, the employment relationship ends on Monday, 19 October 2026.
Notice to the 15th and the middle of the month
The 15th is only a permissible end date under the minimum period of § 622 (1) BGB. The extended employer periods of § 622 (2) BGB recognise only the end of the month: from two years of service, the employer can no longer give notice to the middle of the month.
Employment contracts may exclude the 15th, for instance with a clause reading “notice only to the end of the month”, or provide for other dates such as the end of a quarter. In that case the contract governs.
Worked example for the middle of the month: if the contract is to end on 15 November 2026, notice must reach the recipient by 18 October 2026 at the latest. From 19 October to 15 November is exactly 28 days. 18 October 2026 is a Sunday; anyone wanting to be safe delivers the notice by Friday, 16 October 2026.
Calculating the notice period: examples with dates from 2026
The calculation follows §§ 187, 188 BGB. The day of receipt does not count (§ 187 (1) BGB). A weekly period ends on the corresponding day, so four weeks after 28 days (§ 188 (2) BGB); a monthly period ends on the day of the target month bearing the same number, and if that day does not exist, on the last day of the month (§ 188 (3) BGB).
If the period only expires after the intended date, the end of the contract moves to the next permissible date, that is the following 15th or the following end of the month. The “Receipt” column of the table shows by when the notice must arrive.
| Period | Receipt | Period ends (calculated) | Contract ends |
|---|---|---|---|
| 4 weeks to the end of the month | 2 September 2026 | 30 September 2026 | 30 September 2026 |
| 4 weeks to the end of the month | 3 September 2026 | 1 October 2026 | 15 October 2026 |
| 4 weeks to the end of the month | 31 January 2026 | 28 February 2026 | 28 February 2026 |
| 1 month to the end of the month | 30 June 2026 | 30 July 2026 | 31 July 2026 |
| 1 month to the end of the month | 1 July 2026 | 1 August 2026 | 31 August 2026 |
| 3 months to the end of the month | 30 September 2026 | 30 December 2026 | 31 December 2026 |
| 5 months to the end of the month (§ 622 (2) BGB, 12 years) | 31 March 2026 | 31 August 2026 | 31 August 2026 |
All examples use dates from 2026, calculated under §§ 187, 188 BGB. The rows with four weeks show the statutory minimum period of § 622 (1) BGB; three months to the end of the month is a common contractual period.
The row for 31 January 2026 shows the special case of February. February 2026 has 28 days, so the four week period fills the entire month: for the contract to end on 28 February 2026, notice must reach the recipient by 31 January 2026 at the latest.
For the one month notice period to the end of the month, the rule of thumb is: receipt at the latest on the last day of the preceding month. If the notice arrives even one day later, the employment relationship is extended by a full month.
Different periods under an employment contract or collective agreement
The order of priority is: first the employment contract, then any applicable collective agreement, and only then § 622 BGB. Collective agreements may also provide for shorter periods (§ 622 (4) BGB); in an individual employment contract, shortening is only permitted in narrow exceptions (§ 622 (5) BGB).
A common clause reads: “The extended periods of § 622 (2) BGB also apply to notice given by the employee.” Only such an agreement binds both sides to the sliding scale. Without it, the employee remains bound by four weeks, even after 20 years with the employer.
The right date in the letter of termination
Three dates must be kept apart in the letter of termination: the date on the letter, the date of receipt, and the end date named after the word “to”. A letter dated differently does no harm; what matters remains the date of receipt.
Anyone unsure how to calculate the date can give notice “in due time, to the earliest possible date”, adding the date they have worked out themselves. The Federal Labour Court regards this wording as sufficiently definite where the recipient can determine the period from the contract or the law (BAG, judgment of 20 June 2013, case 6 AZR 805/11). A wrongly calculated notice then takes effect at the next permissible date.
On form: § 623 BGB requires paper with a handwritten signature; electronic form is excluded. Notice by email, fax, scan or WhatsApp does not end the employment relationship.
Whether severance pay may additionally be available after a dismissal is explained in Severance Pay After Dismissal.
Frequently asked questions about termination at the end of the month
Which date applies for termination at the end of the month?
The last calendar day of the month applies, even on weekends and public holidays. Whether the notice was given in time depends on the day it reaches the recipient (§ 130 (1) BGB).
Does the postmark or the date of receipt count?
The date of receipt. The notice only takes effect once it reaches the recipient; the date on the letter and the postmark are irrelevant.
What does a notice period of one month to the end of the month mean?
At least one full month must lie between receipt of the notice and the end of the month. If notice reaches the recipient by the last day of a month, the contract ends at the close of the following month; on receipt on 30 June 2026, that means 31 July 2026.
Can I give notice to the 15th of a month?
Yes, under the statutory minimum notice period of four weeks (§ 622 (1) BGB), provided the employment contract does not exclude the 15th. From two years of service, the employer may only give notice to the end of the month (§ 622 (2) BGB).
When is the last working day for notice to the 31st?
The contract ends on the 31st at midnight; pay continues until then. The employee actually last works on the last working or shift day before that, or earlier in the case of remaining holiday or release from duty.
What happens if the notice reaches the recipient too late?
The notice remains effective and ends the employment relationship as a rule at the next permissible date. This is made clear by the wording “at the earliest possible date” (BAG, judgment of 20 June 2013, case 6 AZR 805/11).
