Perhaps you had the prospect of a new job and nothing will come of it - or a conflict at work has been resolved after all. Anyone who has already resigned may be wondering: Is there a way back?
You quit your job but have now changed your mind? Then the following applies: After a legally valid termination, you will very likely have to live with your decision. Because: "Employees cannot simply withdraw a notice of termination," says lawyer Nathalie Oberthür from Cologne. "Once a notice of termination has been given, it cannot be withdrawn or canceled unilaterally."
It is only possible to make an offer to continue the employment relationship, according to Oberthür. However, whether the employer agrees to this or not is his decision. This also applies to termination by the employer. The only thing that remains is to offer the employee in a friendly manner to continue the employment relationship.
If nothing is regulated, the statutory period of notice applies. Normally, the statutory period of notice is four weeks, and termination is only possible at the end or on the 15th of the month. If you have been with the company for a long time, it can also be more than one month. Caution is advised with clauses that link the notice period for employees to length of service. Then the notice periods not only extend for the employer the longer the employment relationship lasts, but also for the employee.
The notice period during the probationary period, on the other hand, is shortened and is two weeks per day. This is in paragraph 622 paragraph 3 of the German Civil Code (BGB). Termination without notice is only possible during and after the probationary period for important reasons. However: A termination without notice during the probationary period is rare in practice due to the already shortened notice period.
You can read here whether you can terminate your employment contract before the first day of work.
About the person: Nathalie Oberthür is a specialist lawyer for labor law and chairwoman of the labor law committee of the German Bar Association (DAV).