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Hi I am about to leave my job in Berlin and there are 3 things not exactly clear to me regarding the notice period and the other ones regarding leave days accumulation:

I passed the probation and already more than 6 months in the company and decided to leave for personal reasons. According to the contract my notice period is 3 months to the end of the month - that I don't clearly understand. Does it mean if I resign the end of August I still would need to work another 3 full months until the end of December?

Another question what would be considered the day of my resignation - the day I would send the letter or they day the company receives the letter?

The last question is what happens with my leave days ( contractual holidays) - I entitled to 20 days plus 10 additional days per year in the contract. I didn't use any of them yet, would I be able still use them during the notice period if so how much of them . Because I'm wondering would the leave days also being aggregated during the 3 months of notice period... Then If I understand they are calculated pro rata- meaning I can use almost every day that was on my contract (because I would be working in the company for 11 months by the end of the 3 months of the notice period (2.5 leave days per month X11 = 27.5) Am I correct with this assumption?

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    Ask HR, you don't provide all the contractual information that needs to be checked or understood.
    – Solar Mike
    Jul 31, 2022 at 16:57
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    Keep in mind that you both you and your employer can always agree on a shorter notice period. It really doesn't make much sense having a "lame duck" there for almost four months, so most employer will agree to this, unless there is a good reason not to
    – Hilmar
    Jul 31, 2022 at 19:50
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    @Hilmar right they usually only insist on the full 3 months with long time employees that have a lot of knowledge to pass on to their colleagues or have to train their replacement before leaving. Or if they can't find a replacement in time. In most other cases they will be happy to let you go earlier.
    – seg
    Jul 31, 2022 at 21:10
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    @Hilmar I have no issue to stay there for these 3 months and finishing my projects I just would like it to be the precise 3 months and receive the vacations I deserved that's it.
    – Branny
    Jul 31, 2022 at 22:04

1 Answer 1

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  1. A 3 month notice period to the end of the month means that if you turn in your resignation any time in August, you'll have to work through September, October and November, able to start a new job by 1.12.2022

  2. Your day of resignation is the day they receive the notice in an official capacity. Since it's Sunday today, you won't be able to resign until Monday, unless your company is one where people typically work on a Sunday and you can reach your boss in an official capacity.

  3. It is my understanding that you'll get the 27.5 days off if that's the conditions of your employment. It's common but depends on the contract. The minimum paid holidays in Germany is 20 days, and you'll receive them if you've been in the company for 6 months at least and quit in the second half of the year. (thanks for the comment)

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  • Thanks Mookuh, although regarding the 3rd answer it seems that I will get the whole 20 days at least according to that - "In the event of termination after the first six months and within the second half of the calendar year, an employee will be entitled to the full annual vacation" - howtogermany.com/pages/….
    – Branny
    Jul 31, 2022 at 18:03
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    If the job ends in the second half of the year and you have been there for more than 6 months, you are entitled to 20 days minimum even if the calculations give you something shorter. However, 27.5 is absolutely correct, you take all the time you work including the notice period and any sick leave you may have had and compare that to the 12 months of the year that would give you your 30 days. 11 out of 12 months is 11 out of 12 of 30 days is 27.5. If this calculation had given you less then 20 it would have been 20.
    – nvoigt ♦
    Aug 1, 2022 at 5:41
  • Thanks for the comments, I've edited the third part of the answer.
    – Mookuh
    Aug 1, 2022 at 6:07

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