Resignation Guide 2025: Everything Important for Employees

Resignation – even the word causes uncertainty and numerous questions for many employees. What does resignation really mean for you in 2025? The world of work is constantly changing, and laws and rights are regularly adjusted. Those who know the current regulations can avoid mistakes and secure their own claims.

In this comprehensive guide, you will find all the important information: from the definition and different types of resignation to legal deadlines and formal requirements, as well as special rules and practical tips. This way, you are well prepared for any situation.

What Does Resignation Mean in Labor Law?

Resignation is a central topic in labor law and affects almost every employee at some point in their career. But what exactly is behind a resignation, and how do the individual legal aspects differ? In this section, we clarify the most important basics, rights, and special features that every employee should know in 2025.

Definition and Legal Basics

In labor law, resignation is a unilateral declaration of intent that requires receipt and is intended to terminate the employment relationship (§ 623 BGB). This means that a resignation only becomes effective when it is actually received by the recipient. In contrast, there is the termination agreement, in which both parties mutually agree to terminate the employment relationship.

The written form is important: A resignation must always be in writing and signed by hand. Resignations by email or fax are ineffective. Incidentally, most resignations are initiated by the employees themselves. Further details on legal requirements and differences can be found in the article Kündigung (Deutschland) – Wikipedia.

Who Can Resign? – Own Resignation vs. External Resignation

Both employees and employers can issue a resignation. In the case of an own resignation, the employee resigns themselves, usually without stating reasons. Employers, on the other hand, often have to prove a valid reason for a resignation, for example, in the case of operational or behavioral reasons.

Typical examples: An employee resigns because of a new job offer, an employer because of restructuring. Minors usually need the consent of their legal representatives for a resignation. In both variants, the resignation affects the job reference and any claims.

Protection against Dismissal: who is Particularly Protected?

Not everyone can simply be dismissed. The Protection Against Dismissal Act (KSchG) protects employees from a company size of more than ten employees and after at least six months of service. There is also special protection against dismissal, for example, for pregnant women, parents on parental leave, or severely disabled people. Here, the approval of the integration office is often required.

In small businesses with fewer than ten employees, the general protection against dismissal does not apply. Nevertheless, a dismissal can also be inadmissible there, for example, in the case of discrimination or during maternity protection. The correct application of the resignation is therefore crucial for its effectiveness.

Differences to the Resignation of other Contracts

The resignation of an employment contract differs significantly from other types of contracts such as rental, insurance, or mobile phone contracts. Special deadlines and formal requirements apply. While the written form is mandatory for an employment contract, a resignation for other contracts can sometimes also be informal.

Another difference lies in the deadlines: Labor law resignation is subject to clearly regulated deadlines, while, for example, other periods often apply to a mobile phone contract. It is important to always formulate the resignation clearly and address it correctly in order to avoid errors and later disputes.

Types of Resignation and Their Special Features

Resignation is a central topic in labor law, as it can take place in various ways. Each resignation brings its own prerequisites, deadlines, and legal peculiarities. Those who know the differences can avoid mistakes and better protect their rights.

Ordinary Resignation (in Due Time)

An ordinary resignation is the standard case when terminating an employment relationship. It takes place in compliance with the statutory or contractually agreed deadlines.

Employees and employers must observe certain requirements. Typical reasons for an ordinary resignation are operational changes, personal failures such as long-term illness, or behavioral problems, such as repeated lateness.

The letter of resignation should be clearly and unambiguously formulated, for example: “I hereby resign from the employment relationship properly and in due time to the next possible date.” According to statistics, most employment relationships are terminated in this way.

Extraordinary/Immediate Resignation

The extraordinary resignation – often referred to as immediate resignation – is only permitted for serious reasons. According to § 626 BGB, there must be an “important reason”, such as theft, massive refusal to work, or bullying. Wage arrears can also justify immediate resignation.

After becoming aware of the reason for resignation, there is only a period of two weeks to declare the resignation. The resignation takes effect immediately, and the employment relationship ends immediately.

Both sides – employees and employers – can issue an immediate resignation. Since the legal hurdles are high, it is advisable to seek advice from a lawyer for labor law if you are unsure.

Special Forms of Resignation

In addition to the classic types of resignation, there are special forms that place special demands. In the case of a change resignation, the employment contract is terminated, but at the same time, a continuation is offered under changed conditions.

The suspicion resignation is used when there is a serious suspicion of misconduct that cannot be proven beyond doubt. The pressure resignation takes place when third parties – such as colleagues or customers – exert massive pressure on the employer, so that a resignation seems inevitable.

These special forms are legally complex. A court often decides whether the resignation is effective. A careful examination in individual cases is therefore advisable.

Resignation During the Probationary Period

During the probationary period, easier rules apply to the resignation. The statutory period of notice here is only two weeks, regardless of the duration of the probationary period (§ 622 Para. 3 BGB).

There is no special protection against dismissal in the first six months. Neither employers nor employees have to state a reason for the resignation. However, the probationary period is often confused with a fixed-term contract.

Anyone who resigns themselves should pay attention to punctual access in order to avoid problems with unemployment benefits. An error in the deadline can lead to a waiting period.

Resignation by the Employee: Typical Reasons

Employees do not have to state a reason for their resignation, but they can do so voluntarily. The most common motives are a better job offer, the desire for professional reorientation, overwork, a bad working atmosphere, or family changes.

The statutory period of notice is usually four weeks to the 15th or the end of the month, unless other regulations are stipulated in the contract. Even after a resignation, employees are entitled to a job reference and should actively request it.

A clear, polite formulation and compliance with all formalities are important in order not to jeopardize the professional restart.

Statutory Periods of Notice and Their Calculation

Periods of notice are crucial for every resignation. They determine when an employment relationship actually ends. Those who know the rules can avoid mistakes and secure their rights. The statutory periods for resignation differ depending on the role, length of service, and special case. Below we explain what applies in 2025 and what employees should pay particular attention to.

Periods of Notice for Employees

For employees, the basic period of notice applies to every resignation according to § 622 Para. 1 BGB: Four weeks to the 15th or to the end of the month. This means that anyone who resigns on May 2nd can terminate the employment relationship by May 31st at the latest. This period applies unless otherwise regulated in the employment or collective agreement.

Important: The resignation only becomes effective when it is received by the employer. Employees benefit from the fact that the period does not extend with longer length of service. According to statistics, most employees use the basic period of notice. Further information on the statutory periods of notice in labor law is available from the IHK.

Periods of Notice for Employers

Employers must comply with longer periods of notice when employees have been employed for longer. The tiered model according to § 622 Para. 2 BGB provides for the following periods:

Length of service	Period of notice
2 years	1 month
5 years	2 months
8 years	3 months
10 years	4 months
12 years	5 months
15 years	6 months
20 years	7 months

The resignation must never take longer for employees than for the employer. Older and long-term employees in particular benefit from these staggered periods. Examples show that companies have to adjust their personnel planning early on.

Exceptions and Special Regulations

Not every resignation is subject to the standard deadlines. In small businesses with fewer than ten employees, different regulations may apply. For temporary workers and mini-jobs that are employed for a maximum of three months, a shortened period often applies. Collective agreements can provide for further exceptions and individually adjust the periods of notice.

During the probationary period, the period for resignation is always two weeks, even for shorter contracts. Practical examples show that flexible solutions are being found, especially in small businesses. It is therefore always worth checking your own contract.

Immediate Resignation: Deadlines and Special Features

An immediate resignation is an exception and requires an important reason. In this case, the employment relationship ends immediately, without complying with a deadline. The resignation must be declared within two weeks of knowledge of the reason for resignation.

Employers and employees must be able to prove the important reason. Anyone who issues an immediate resignation without sufficient reason risks labor law consequences. This is particularly delicate in cases of suspicion or emotional conflicts in the team.

Receipt of the Resignation: when Does the Deadline Begin?

The deadline for a resignation only begins when the letter is in the recipient’s sphere of control, such as in the mailbox. A personal handover with witnesses or a registered letter offer security. The access also counts during vacation or illness, not the actual reading.

Important: The deadline for filing a lawsuit for protection against dismissal is three weeks from receipt of the resignation. Anyone who misses this deadline can only take action against the resignation in exceptional cases.

Formal Requirements and Typical Sources of Error

The formal requirements for a resignation are crucial in order to avoid later disputes. Those who know the legal minimum standards and avoid typical sources of error protect themselves from an ineffective resignation – and secure their claims. In the following, the most important aspects are explained step by step.

Written Form and Signature

According to § 623 BGB, a resignation must be made in writing. Digital transmission, such as by email or WhatsApp, is not sufficient and makes the resignation ineffective. A handwritten signature of the resigning person on the original document is required. This is the only way the resignation can be recognized in court in the event of a dispute.

Examples of formal errors are a missing signature or a document that is only transmitted electronically. Even a fax does not meet the requirements. Anyone who is negligent here risks that the resignation has no legal effect and the employment relationship continues.

Content and Structure of the Letter of Resignation

The letter of resignation should contain the following mandatory information:

• Names and addresses of sender and recipient
• Date of the letter
• Clear declaration of resignation (“I hereby resign…”)
• If applicable, desired end date

Optionally, you can ask for a qualified job reference or thank the employer for the cooperation as part of the resignation. There is no obligation for employees to state a reason. Clear, unambiguous formulations are important in order to avoid misunderstandings. Templates and samples help to draft the resignation correctly.

Addressing and Proof of Access

The resignation must be sent to the correct address of the employer or the human resources department. A complete letterhead with all relevant data is mandatory. Errors in the addressing, such as an incorrect company name or an outdated address, can lead to ineffectiveness.

In order to prove receipt of the resignation, it is recommended to hand it over personally with witnesses or by registered letter. This is the only way to prove in case of doubt that the resignation has actually been received. Further tips for safe and legally compliant delivery can be found in the article Verträge richtig beenden.

Common Mistakes in Resignation

Typical mistakes in resignation are:

• Failure to observe the written form
• Missing handwritten signature
• Incorrect or incomplete address
• Incorrect calculation of the deadline or failure to meet the period of notice
• Unclear formulations such as “would like to resign”

Also, missing the three-week deadline for filing a lawsuit for protection against dismissal in the event of an incorrect resignation is a common stumbling block. A resignation during illness is only effective if it is actually received by the recipient.

Samples and Templates for Letters of Resignation

Numerous samples and templates are available for a legally compliant resignation. However, these should always be adapted individually. There are variants for ordinary resignation, immediate resignation, or resignation during the probationary period.

When using templates, pay attention to the topicality and adapt them to your personal situation. Information on the use and legal peculiarities is always included in reputable templates. This way you avoid mistakes and ensure that your resignation meets the legal requirements.

Practical Tips and Recommendations for Employees

The correct handling of a resignation is crucial in order to avoid disadvantages and secure your own rights. In the following, employees will find practical tips and recommendations on how to optimally design the resignation and avoid typical mistakes.

Resignation Process Step by Step

A resignation should never be rushed. Start with a clear decision and find out about the applicable deadlines. Draft the letter of resignation carefully and pay attention to the required written form.

It is recommended to have a personal conversation with the supervisor in advance. Then hand over the letter either personally (with confirmation of receipt) or by registered letter in order to be able to prove receipt of the resignation.

• Reflect decision
• Draft letter of resignation
• Secure access (witnesses, registered letter)
• Request job reference
• Return company property

This is how you ensure that your resignation is correct and legally compliant.

Rights and Obligations after Resignation

After a resignation, employees retain various claims. These include remaining vacation, overtime pay, and the right to a qualified job reference. Remaining vacation and open hours should be taken or paid out before the end of the employment relationship if possible.

There is an obligation to register with the employment agency: You must register as a job seeker no later than three days after becoming aware of the resignation in order to avoid waiting periods for unemployment benefits.

• Clarify remaining vacation
• Settle overtime
• Assert claim to certificate
• Observe obligation to register with the employment agency

Anyone who fulfills these obligations avoids financial and legal disadvantages after the resignation.

Dealing with Difficult Situations

Some resignation situations are particularly challenging, such as in the event of illness, during pregnancy, or during parental leave. Here, there is special protection against dismissal, which prevents unlawful resignation.

Termination may also be an option in cases of bullying, discrimination, or sexual harassment. In such cases, it is advisable to seek advice from the works council, trade union, or a lawyer.

• In case of illness: Ensure access to the termination notice
• In case of special protection: Check the legal situation
• In case of bullying, etc.: Seek documentation and advice

This is how you keep track of things even in difficult situations surrounding termination.

Legal Support from Specialized Lawyers

Not every termination is clear. If you are unsure about the termination, for example in the case of termination without notice or discrimination, legal support can be crucial. Employees can receive quick, non-binding offers and verified experts via specialized platforms.

Especially in the event of termination, it is worth reading the tips on finding a lawyer for termination in order to find the right legal assistance. Legal packages with fixed prices also offer cost certainty and transparency.

With professional help, termination letters, deadlines and claims can be optimally checked.

Frequently Asked Questions about Termination (FAQ)

Do I have to give a reason for my termination?
No, as an employee you are not obliged to do so.

What happens if I don’t comply with the notice period?
Claims for damages or waiting periods for unemployment benefits may be imposed.

Can I withdraw my termination?
Only with the employer’s consent.

How do I ensure that my termination notice is received?
The best way is by registered mail or personal delivery with witnesses.

What claims do I have after termination?
Entitlement to remaining vacation days, employment certificate and, if applicable, severance pay.

What to do in unclear or problematic situations?
Seek legal advice or contact the works council.

This is how you stay well informed and prepared about termination.

Perhaps after reading the guide you still have open questions about your individual situation or would like to make sure that everything is really correct with your termination. Especially when it comes to deadlines, formal errors or your claims, an experienced lawyer is often worth its weight in gold. With GETYOURLAWYER’s largest Swiss network of lawyers, you can quickly and easily describe your situation and receive non-binding offers from verified experts – without any risk and with full cost transparency. Start your request now and clarify your termination safely:
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