Kündigungsfrist 14 Bis 16 At Avr

Understanding the Kündigungsfrist (notice period) when employed under the Arbeitsvertragsrichtlinien (AVR), specifically within the framework of 14 to 16 AVR, is crucial for both employers and employees in Germany. The AVR governs employment conditions in many church-related and charitable institutions, and while it's not a law, it functions as a collective agreement. Misunderstanding the notice periods can lead to legal and financial repercussions. This article aims to provide a clear and practical explanation of the Kündigungsfrist according to 14 to 16 AVR, focusing on its specific provisions and practical implications.

General Principles of Kündigungsfristen in Germany

Before delving into the specifics of 14 to 16 AVR, it's essential to understand the general principles of Kündigungsfristen in German employment law. A Kündigungsfrist is the legally mandated period of time that must pass between the announcement of the termination of an employment contract (Kündigung) and the actual end date of the employment. These periods are designed to protect both the employee and the employer, allowing for a smooth transition and preventing abrupt job losses or sudden staffing shortages.

German law differentiates between notice periods for the employee (Kündigung durch den Arbeitnehmer) and the employer (Kündigung durch den Arbeitgeber). Generally, the notice period for the employer increases with the employee's length of service (Betriebszugehörigkeit). The minimum notice period for an employee is usually four weeks to the 15th of the month or to the end of the month, as stipulated in § 622 of the Bürgerliches Gesetzbuch (BGB, German Civil Code). However, collective agreements, such as the AVR, can deviate from these statutory provisions, often offering more favorable terms to employees.

Kündigungsfristen under 14 to 16 AVR: A Detailed Explanation

Sections 14 to 16 of the AVR (specifically those versions referenced in employment contracts, as the AVR is regularly updated) define the notice periods applicable to employees working under its framework. It's crucial to consult the specific version of the AVR referenced in your employment contract, as the wording and specific timelines may vary between different regional AVR implementations or subsequent revisions.

Generally, the AVR provides for the following:

• Employee's Notice Period (Kündigung durch den Arbeitnehmer): Usually, the notice period for the employee to terminate their employment is a fixed period, regardless of their length of service. This period is commonly one month to the end of the calendar month. This means if you wish to leave at the end of, say, October, you must submit your written notice (schriftliche Kündigung) by the end of September.
• Employer's Notice Period (Kündigung durch den Arbeitgeber): The employer's notice period is significantly longer and increases with the employee's length of service. The specific increments vary depending on the version of the AVR, but the principle remains consistent. For example, after two years of service, the notice period might be one month to the end of the month; after five years, it might be two months to the end of the month; and so on.

Here's a hypothetical example illustrating how the employer's notice period might increase with length of service under a specific AVR version:

Example:

• Less than 2 years of service: 1 month to the end of the month
• 2 to 5 years of service: 2 months to the end of the month
• 5 to 8 years of service: 3 months to the end of the month
• 8 to 10 years of service: 4 months to the end of the month
• 10 to 12 years of service: 5 months to the end of the month
• More than 12 years of service: 6 months to the end of the month

This example is illustrative and should not be taken as the definitive notice periods under all AVR versions. Always refer to your specific employment contract and the referenced AVR version.

Key Considerations and Exceptions

While the general principles outlined above are typically applicable, several exceptions and important considerations exist:

• Probation Period (Probezeit): During the probation period, which is usually the first six months of employment, the notice period is often shorter. This period may be two weeks to the end of the month, but it's critical to verify this in your employment contract and the AVR.
• Termination Without Notice (Fristlose Kündigung): In exceptional circumstances, both the employer and the employee may be entitled to terminate the employment relationship without adhering to the regular notice period. This is only permissible for grave breaches of the employment contract, such as theft, serious misconduct, or persistent refusal to work. Fristlose Kündigung requires a strong legal justification.
• Mutual Agreement (Aufhebungsvertrag): Both the employer and the employee can agree to terminate the employment contract at any time, without adhering to the statutory or AVR-defined notice periods. This is done through a Aufhebungsvertrag, a mutual agreement to terminate the employment. This agreement must be in writing and should be carefully reviewed before signing, as it can affect your entitlement to unemployment benefits (Arbeitslosengeld).
• Collective Agreements and Company Agreements (Tarifverträge und Betriebsvereinbarungen): In addition to the AVR, other collective agreements or company agreements may exist that influence the Kündigungsfristen. It's crucial to check if any such agreements apply to your employment relationship.
• Pregnancy and Parental Leave (Mutterschutz und Elternzeit): Employees enjoying the protection of Mutterschutz (maternity protection) or Elternzeit (parental leave) have special protection against termination. The employer generally cannot terminate the employment during these periods, except in very specific circumstances and with the approval of the relevant authorities.

Practical Implications and Recommendations

Understanding and correctly applying the Kündigungsfristen outlined in 14 to 16 AVR is essential for avoiding legal disputes and ensuring a smooth transition when leaving or terminating employment.

Here are some practical recommendations:

• Review Your Employment Contract and the AVR: Carefully read your employment contract and the version of the AVR referenced within it. Pay close attention to the clauses concerning termination and notice periods.
• Document Everything: Keep records of all correspondence related to your employment, including your employment contract, any amendments, and any communication regarding termination.
• Submit Your Notice in Writing: Any notice of termination must be submitted in writing (schriftlich). An email or verbal notice is generally not sufficient. Ensure you keep a copy of the signed notice for your records.
• Calculate the Notice Period Accurately: Calculate the notice period precisely, taking into account your length of service and the applicable provisions of the AVR. If you are unsure, seek professional advice.
• Seek Legal Advice if Necessary: If you have any doubts or concerns about your rights or obligations regarding termination, consult with a lawyer specializing in employment law (Arbeitsrecht) or seek advice from a workers' union (Gewerkschaft).
• Consider an Aufhebungsvertrag: If you wish to leave your employment sooner than the applicable notice period allows, consider discussing the possibility of an Aufhebungsvertrag with your employer. However, carefully consider the implications of such an agreement before signing.

In conclusion, navigating the Kündigungsfristen under 14 to 16 AVR requires careful attention to detail and a thorough understanding of the applicable regulations. By understanding your rights and obligations, you can ensure a smooth and legally compliant termination of your employment relationship.