LogFAQs > #973730123

GeraldDarko posted...

Wait, are legally required to give a letter of notice to take a position at another company? 3 months notice is stipulated in the employment contract? I always figured the worker had more power in Germany.

You're legally required to give written notice when quitting/being fired. My particular contract stipulates 3 months.

Workers do have more power in general, my employer is just scummy and was never called out on it.

DnDer posted...

Then you have to tell your new employers about your contract and what you're bound to. They should have asked during the interview before making you the offer...

The only other option is seeing if you can be let out of your contract early, because of circumstances. I don't know if they can or would, but you can certainly ask.

Still, though. That should be on your new employer to give you the time to fulfill your legal obligations if they want you on the team.

I told the interviewer, it seems there was a miscommunication between him and HR

Letting me out of my contract early is definitely a thing that's possible, but no idea if my employer would agree. Can't hurt to ask though.

Compsognathus posted...

A 3 month notice period being legally binding is insane, and in stunned that it's actually legal.

But obviously you need to talk to the new employer and explain the situation. If they won't budge then talk to your current employer and try to see if you can negotiate down.

If the three month notice isn't legally binding, then just quit when the new job wants you to start. I know you say it's a contract, but what are the ramifications of violating the contract?

If I were to violate my contract, they'd sue me for breach of contract. Happened to someone else before my time (allegedly): they gave him an oral OK that he could leave early, then sued him when he ended up leaving on the basis that they didn't have anything in writing. The courts ruled in his favour, since an oral agreement is still an agreement, but a court case during a cross country job change is a headache I'd rather avoid.