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I am on the 1st year of a TVöD E13 contract (offered for 2 years), and I would like to ask: what is the notice period for resigning from my current job?

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    @DmitrySavostyanov Public service contracts in Germany usually have very little information, because they refer to the collective agreement (Tarifvertrag) for almost everything. So one usually does have to do some research. – wimi Sep 22 at 8:49
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If you are aiming for a fixed date and are still on good terms with your boss, it is quite common to create an "Aufhebungsvertrag", that is a contract in which you both agree to terminate your contract at a certain date, irrespective a of notice period. After all, you want to leave and your boss likely wants to hire someone new on your position.

You will likely get a call from the "Personalrat" though, as they want to check that you weren't somehow forced by your boss to contravene regulations this way.

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    This. I would even go as far as saying that it's not just quite common, but the norm, for the reasons you mention. – lighthouse keeper Sep 22 at 9:12
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    IIRC, if you ask for the Aufhebungsvertrag because you have a better offer somewhere else, you have a right to get the Aufhebungsvertrag (I don't know about notice periods for that, though). – cbeleites unhappy with SX Sep 22 at 10:28
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    @cbleites This sounds rather unlikely. I mean, what's the point of having termination deadlines then? – user151413 Sep 22 at 11:46
  • ... certainly TVöD does not seem to mention anything like that. – user151413 Sep 22 at 11:57
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    A Aufhebungsvertrag is necessarily a voluntary thing on both sides, because you are basically renegotiating a valid, active contract. Most employers will agree, because what is the point of an unhappy employee messing with your stuff? But there is no right to one. – TAR86 Sep 22 at 17:16
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I am also a postdoc in Germany on the same type of contract.

My contract states that within the probationary period, which is the first six months, the notice period is two weeks. Beyond that it says that the rules about notice period are defined in Section 30 paragraph 5 of the TVöD regulations. Googling for this leads me to this website (in German): https://www.der-oeffentliche-sektor.de/infoundrat/infothek/1483

Which, with the help of google translate, leads me to the conclusion that the notice period depends on how long you've been with your employer, counting not only your current contract but the whole continuous employment relationship if you were there before that. If you've been with them for 6 months - 1 year it would be four weeks. If 1-2 years then 6 weeks. 2-3 years -> 3 months. More than 3 years -> 4 months.

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    Some important details on your translation: Below 2 years, notice can only be given with final date at the end of a month, above that only with final date at the end of a quarter-year. Also the relationship counts as continuous even if there are breaks less than three months, as long as they are due to the employer, not the employee. – mlk Sep 22 at 8:44
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    +1 With a so-called "Aufhebung", which requires the mutual assent of the employer and employee, one can also terminate a contract later than the notice period. – henning -- reinstate Monica Sep 22 at 8:49
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    One condition (that is apparently met by OP's contract: this applies to fixed term contracts longer than 1 year. – cbeleites unhappy with SX Sep 22 at 10:27
  • Since it is relevant for the OP: It is <=1 year, >1 year to <=2 years, >2 years to <=3 years, etc.. So for the OP the 1-2 years applies. – user151413 Sep 22 at 11:52
  • @cbeleitesunhappywithSX if I read it correctly it says contracts of at least one year. Am I right? (The difference seems subtle, but since 1-year contracts are extremely common, I wonder about it) – user53923 Sep 24 at 10:18

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