The new employment contract has been signed, but the new job has not yet started. Suddenly there is a better offer. Can the employee now give notice quickly – before he has worked for the first time?
Anyone looking for a job often has several job interviews in a row. If it then works out with a job, the joy may be great and the employment contract signed quickly. But if the promise for the actual dream job comes a few days later, the question arises: How do you get out of the contract?
Quite simply: by terminating the employment contract that has already been signed. This is also possible before starting work, subject to the agreed notice period, explains the Saarland Chamber of Labor. However, there is one exception: Termination before the start of the service can be explicitly excluded by contract.
Based on this rule, the following then applies: The employer must start his job for at least one day before he can give notice. As a rule, no employer has anything of this – the hurdles to simply giving notice before starting work are still higher for the employee. That reduces the risk a lot, says Johannes Schipp, specialist lawyer for labor law and chairman of the labor law working group in the German Bar Association. If an employee violates this clause, the employer may assert claims for damages against him if he does not show up.
Even if an employee resigns before the first day of employment, he must comply with the notice period stipulated in the contract. Depending on how far in the future the termination date is, it may be that the employee still has to start the job for some time – or not.
Anyone who terminates their contract before starting to give their commitment to another employer should note that in this case, too, claims for damages may arise from the employer. Although an employer must prove that the claims are justified, contract law should not be taken lightly, says Schipp. If the employer misses out on a valuable job by terminating a candidate who was already planned, for example, or if he has to hire an expensive temporary worker, it could become expensive.
