Can I terminate my employment contract early?
July 2, 2023 | 50,00 EUR | answered by Anna Fuchs
Dear lawyer,
I hope you can help me with my concern. My name is Gertrud Schwarz and I currently work for a company that operates in the IT consulting sector. A few months ago, I signed an employment contract that has a duration of two years. However, I have now been presented with a new professional opportunity that I would like to pursue.
My current employment contract does not contain a clause for early termination, and I am concerned that I may face legal consequences if I still wish to terminate the contract prematurely. I understand that contractual agreements should be respected, but it is important for me to take advantage of this new professional opportunity.
Therefore, my question to you is: Am I allowed to terminate my employment contract early, even if there is no provision for it in the contract? Are there any possible ways or solutions to achieve a mutually agreed termination of the employment relationship without having to fear legal consequences?
I thank you in advance for your assistance and look forward to your response.
Sincerely,
Gertrud Schwarz
Dear Mrs. Schwarz,
Thank you for your inquiry and the trust you have placed in me. I would be happy to assist you with your issue and provide you with some information on the premature termination of an employment contract in the field of civil law.
In general, an employment contract is binding, and the parties should adhere to the regulations set out in it. However, in your case, you have been presented with a professional opportunity that you would like to pursue, even though your current employment contract has a duration of two years and does not contain a clause for early termination.
Typically, premature termination of an employment contract without a corresponding clause in the contract is not readily possible and can have legal consequences. Nevertheless, there are various options and approaches to achieve an amicable termination of the employment relationship without having to fear legal consequences.
One option would be to have a conversation with your employer and honestly explain your situation. Perhaps your employer would be willing to agree to an amicable termination of the employment relationship if they can understand the reasons and motivation behind your desire for early termination. In this case, you could find a solution together that is acceptable to both parties.
Another option would be to reach an out-of-court settlement with your employer, for example, by entering into a termination agreement. In such an agreement, the modalities of terminating the employment relationship can be mutually agreed upon without resorting to legal disputes.
However, it is important that you seek legal advice before a premature termination or the conclusion of a termination agreement to ensure that your interests are protected and that you do not have to fear any negative consequences.
Therefore, I recommend consulting a specialist attorney in labor law who can provide you with individual and comprehensive advice and support you in resolving your issue.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Anna Fuchs
