Termination and dissolution of contracts
Particularly in the case of fixed-term employment contracts, it often happens that you as an academic employee are faced with the question of how and under which conditions you can terminate your employment contract, e.g. if you intend to change jobs. In order to provide you with assistance regarding the legal conditions in such a case, we have summarized the relevant provisions for you here.
The deadlines for terminating an employment relationship as an academic employee in the public sector are regulated by Sections 30, 33 and 34 of the Collective Agreement for the Public Service of the Federal States (TV-L). A distinction must first be made between a notice of termination and a termination agreement. For fixed-term employment relationships, a distinction is also made in the notice periods as to whether they were established on the basis of the Academic Fixed-Term Contract Act (WissZeitVG; note: this is the standard case for fixed-term employment relationships at universities) or the Part-Time and Fixed-Term Employment Act (TzBfG). Information on the legal basis of your employment relationship can be found in your employment contract.
§ 34 TV-L applies accordingly to fixed-term employment relationships pursuant to WissZeitVG Section 2 et seq. and permanent employment relationships (see § 30 (1) sentence 2 TV-L).
| Period of employment | Period of notice |
| until the end of probationary period | 2 weeks to the end of the month |
| more than 6 months | 4 weeks to the end of the month |
| more than 1 year | 6 weeks to the end of the month |
| more than 5 years | 3 months to the end of the quarter |
| more than 8 years | 4 months to the end of the quarter |
| more than 10 years | 5 months to the end of the quarter |
| more than 12 years | 6 months to the end of the quarter |
- When calculating the period of employment, previous employment with other employers in accordance with TV-L or with other employers under public law is recognised.
- There is special collective protection against dismissal (‘non-terminability’) for open-ended employment contracts for employees in the Western collective bargaining area who have been employed by the same employer for at least 15 years and are at least 40 years old.
For fixed-term employment relationships on the basis of the TzBfG, the provisions of § 30 TV-L apply as notice periods.
| Period of employment | Period of notice |
| until the end of probationary period | 2 weeks to the end of the month |
| more than 6 months | 4 weeks to the end of the month |
| more than 1 year | 6 weeks to the end of the quarter |
| more than 2 years | 3 months to the end of the quarter |
| more than 3 years | 4 months to the end of the quarter |
- In the case of fixed-term employment contracts without a material reason, the first six weeks and
- in the case of fixed-term employment contracts with a material reason, the first six months count as the probationary period.
- In the case of several consecutive employment relationships with the same employer, the employment relationships are added together.
- An interruption of up to three months is harmless, unless the employee was responsible for or caused the interruption. The interruption period is not taken into account.
- After the end of the probationary period, ordinary termination is only permitted if the contract period is at least 12 months.
Termination agreement (§ 33 TV-L)
However, there is another option, which is very frequently used at universities, to terminate the employment relationship without notice and without deadlines. You can ask your supervisor for a termination agreement. This is possible at any time by mutual agreement. Your supervisor will then forward this request, including a declaration of consent from both of you, in writing to the HR department, which will then draw up a corresponding termination agreement. The processing deadlines of the administration and the staff council involved must be taken into account.