I would like to ask whether it is possible to quit a wissenschaftlicher mitarbeiter job based on a TVL13 contract in the middle of probation period? Or do I have to wait until I finish it?

I have found the law corresponding to the different notice periods after the probation period is over, but I am not sure what is allowed before it is over. If I am not wrong, the employer can fire me without notice during that period.

In this website, I found the following:

until the trial period expires 2 weeks to the end of the month

Is this information reliable? It seems to be referencing the same law, so I'd say yes. But, I would like to double-check.

  • 1
    This question may also be on-topic on Law.SE (though, of course, you should talk to a lawyer for actual legal advice for your situation).
    – V2Blast
    Dec 1 '20 at 21:54

It seems your information is correct. Both parties may cancel the contract with two week's notice at any time.

My rough translation (and my emphasis) from this article of "Der Personalrat", a trade journal for labor representatives in the public sector:

The legislator lays down a special notice period for the probation time. This right applies to both parties of the work contract. The period is shortened from four to two weeks. Moreover, notice may be given at any time of the month, while usually the contract may only be cancelled at the end of each month or at the 15th day of each month.

  • thanks. I just re-checked § 30 and it is also mentioning what you said in the 4th point (I guess I was so overwhelmed that I missed it, my bad). Dec 1 '20 at 9:06
  • 3
    Just don't forget that the notice must be in the form of a signed paper letter.
    – Maeher
    Dec 1 '20 at 9:23

If you want legal advise, then you need to talk to a lawyer or your union representative. It is a bad idea to trust random people on the internet on such issues.

My experience in Germany is that if you want to leave you don't go through that process. Instead you talk to your supervisor. (S)he will express regret and want to know why, but in the end (s)he will not want to keep someone who wants to leave. So together (with the HR department) you will make a contract that terminates the existing contract at a convenient time for both regardless of the notice periods.

  • 3
    I trust them when they provide relevant legal texts ;) but thanks for sharing your experience, it's useful to know that. Dec 1 '20 at 9:09

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