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Employment law

TVöD notice period: which period applies to you

Dr. Georg Schröder, LL.M.LawyerUpdated November 202611 min read
Cover image “Notice periods under the TVöD”: line drawing of an hourglass on a dark background

In short

The TVöD notice period is set out in Sec. 34 (1) TVöD and depends on your length of employment (Beschäftigungszeit) with the same employer: in the first 6 months 2 weeks to the end of the month, up to one year 1 month to the end of the month, after that 6 weeks to 6 months to the end of a calendar quarter. The period applies equally to you and your employer. If you are at least 40 years old and have been employed for more than 15 years, your employer can only dismiss you for good cause, although with municipal employers only in the western collective bargaining area (Tarifgebiet West) (Sec. 34 (2) TVöD).

Key points

  • After more than one year of employment, the employment only ends on 31 March, 30 June, 30 September or 31 December.
  • What matters is the day on which the notice reaches the recipient. If you have been employed for more than one year but less than 5 years and want to leave on 31 December 2026, the notice must be delivered by Thursday, 19 November 2026.
  • Only the time with the same employer counts for the period, even if it was interrupted.
  • Fixed-term contracts have their own periods, in the first 2 years to the end of the month (Sec. 30 (5) TVöD), but only for some employees.
  • The notice must be in writing with a handwritten signature. Email, fax or WhatsApp is not enough (Sec. 623 BGB).
Contents
  1. TVöD notice period: the table under Sec. 34 TVöD
  2. What "to the end of a quarter" means and by when the notice must be received
  3. Which length of employment counts for the period
  4. Notice period during probation under the TVöD
  5. Fixed-term contract: notice periods under Sec. 30 TVöD
  6. Protection against ordinary dismissal under the TVöD: when the employer can no longer give ordinary notice
  7. Resigning yourself: notice period under the TVöD for employees
  8. If the employer dismisses you: check these points
  9. Holiday, annual special payment, cut-off period: what else applies on dismissal
  10. TVöD, TV-L and BGB: what applies where
  11. FAQ

TVöD notice period: the table under Sec. 34 TVöD

Sec. 34 TVöD is part of the general part and therefore applies to all employees of the Federation and of municipal employers that are members of an association of the Federation of Municipal Employers' Associations (VKA) (Sec. 1 (1) TVöD), including in administration, social and childcare services, nursing and hospitals. The basis is the version of amending collective agreement no. 22 (Änderungstarifvertrag Nr. 22) of 6 April 2025, as at 1 January 2026.

Length of employment with the same employerNotice periodThe employment ends on
until the end of the 6th month since the start2 weeksend of the month
up to 1 year1 monthend of the month
more than 1 year6 weeksend of a calendar quarter
at least 5 years3 monthsend of a calendar quarter
at least 8 years4 monthsend of a calendar quarter
at least 10 years5 monthsend of a calendar quarter
at least 12 years6 monthsend of a calendar quarter

The period does not become longer than 6 months to the end of a quarter, not even after 20 or 30 years.

For comparison: Without a collective agreement, the statutory periods of Sec. 622 BGB apply. For employees, they are shorter after the first 6 months and, outside a probationary period, only run to the 15th or the end of the month. A collective agreement may deviate from them (Sec. 622 (4) BGB). The statutory periods are explained in the guide Notice periods for employees.

What "to the end of a quarter" means and by when the notice must be received

After more than one year of employment, the employment can only end on four dates a year: 31 March, 30 June, 30 September and 31 December. You calculate the period backwards from the end of the quarter. What matters is when the notice is received by the recipient, not the date it was sent (Sec. 130 (1) BGB). The day of receipt is not counted (Sec. 187 (1) BGB).

A period of "4 weeks to the end of a quarter" does not exist in the TVöD. 4 weeks only occur with fixed-term contracts, there to the end of the month (Sec. 30 (5) TVöD), and with continued employment after reaching the standard retirement age (Regelaltersgrenze), there to the end of the month (Sec. 33 (5) TVöD).

Deadline calendar: last day for receipt of the notice

Calculated under Sec. 187, 188 BGB. "passed": the date can no longer be reached with this period.

End of employment6 weeks3 months4 months5 months6 months
Thu, 31 December 2026Thu, 19 November 2026passedpassedpassedpassed
Wed, 31 March 2027Wed, 17 February 2027Thu, 31 December 2026Mon, 30 November 2026passedpassed
Wed, 30 June 2027Wed, 19 May 2027Wed, 31 March 2027Sun, 28 February 2027Sun, 31 January 2027Thu, 31 December 2026
Thu, 30 September 2027Thu, 19 August 2027Wed, 30 June 2027Mon, 31 May 2027Fri, 30 April 2027Wed, 31 March 2027
Fri, 31 December 2027Fri, 19 November 2027Thu, 30 September 2027Tue, 31 August 2027Sat, 31 July 2027Wed, 30 June 2027

If the last day falls on a weekend or a public holiday, it is not moved back. So plan for the notice to arrive a few days earlier.

Worked example 6 weeks: You have been working for a city administration for three years and want to leave on 31 December 2026. If your notice arrives on Thursday, 19 November 2026, the period begins on 20 November and ends on 31 December. If it only arrives on Friday, 20 November, the period runs until 1 January 2027, and the employment only ends on 31 March 2027.

Worked example period in months: With 3 to 6 months, the notice must be received no later than the last day of the month before the period begins to run. For an end on 30 June 2027 with 4 months, that is Sunday, 28 February 2027. In practice, this means: delivery by Friday, 26 February.

In the first 12 months, the employment ends at the end of the month. For 31 December 2026, the last day for receipt with 2 weeks is Thursday, 17 December, and with 1 month Monday, 30 November 2026.

Which length of employment counts for the period

Length of employment is the time in the employment relationship with the same employer, even if it was interrupted (Sec. 34 (3) sentence 1 TVöD). Two contracts with a break in between are therefore added together.

  • Special leave (Sonderurlaub) does not count, for example unpaid leave under Sec. 28 TVöD. Exception: before it began, the employer recognised in writing an official or operational interest (Sec. 34 (3) sentence 2 TVöD).
  • Periods with other employers do not extend the notice period. In the case of a move within the public sector, Sec. 34 (3) sentences 3 and 4 TVöD do credit periods with the former employer as length of employment. However, Sec. 34 (1) and (2) expressly refer only to subsection 3 sentences 1 and 2. The credit has an effect on other entitlements, for example the duration of the sickness benefit supplement (Krankengeldzuschuss) (Sec. 22 (3) TVöD).
  • Reference date: For the band in the table, what counts is the length of employment on the day on which the notice is received.

Notice period during probation under the TVöD

The first 6 months count as probation unless a shorter period has been agreed (Sec. 2 (4) sentence 1 TVöD). If you are taken on directly after your vocational training, there is no probation (Sec. 2 (4) sentence 2 TVöD).

However, the period does not depend on probation but on the calendar: until the end of the 6th month since the start of the employment, it is 2 weeks to the end of the month (Sec. 34 (1) sentence 1 TVöD). This also applies if you and your employer agreed a shorter probationary period. From the 7th month, 1 month to the end of the month applies.

The Protection Against Dismissal Act (KSchG) only applies once the employment has existed for more than 6 months without interruption (Sec. 1 (1) KSchG). In the first 6 months, the employer therefore does not need a reason for dismissal within the meaning of the KSchG. More on periods and rights in this phase is in the guide Notice period during probation.

Fixed-term contract: notice periods under Sec. 30 TVöD

A fixed-term contract ends when the agreed term expires (Sec. 15 (1) TzBfG). You can only give ordinary notice if this is provided for in the contract or in the applicable collective agreement (Sec. 15 (4) TzBfG). The TVöD contains such a rule in Sec. 30, but not for everyone.

Who Sec. 30 (2) to (5) TVöD applies to: employees of the Federation and employees of municipal employers in the western collective bargaining area whose work would have been subject to the salaried employees' pension insurance (Rentenversicherung der Angestellten) before 1 January 2005 (Sec. 30 (1) sentence 2 TVöD). Contracts under the Academic Fixed-Term Contract Act (Wissenschaftszeitvertragsgesetz) are excluded.

Probation: with a fixed term without an objective reason the first 6 weeks, with a fixed term with an objective reason the first 6 months. During probation, a period of 2 weeks to the end of the month applies (Sec. 30 (4) TVöD).

After probation: The fixed-term contract can only be terminated with ordinary notice if it was concluded for at least 12 months (Sec. 30 (5) sentence 1 TVöD). Then the following applies:

Duration with the same employer (one or more consecutive contracts)Notice periodDate
more than 6 months4 weeksend of the month
more than 1 year6 weeksend of the month
more than 2 years3 monthsend of a calendar quarter
more than 3 years4 monthsend of a calendar quarter

Several consecutive contracts are added together. A break of up to 3 months does no harm if you did not cause or bring about the departure yourself; the break itself does not count (Sec. 30 (5) sentences 3 and 4 TVöD). A new probationary period in the follow-up contract does not shorten the period (protocol declaration (Protokollerklärung) on Sec. 30 (5) TVöD).

All other fixed-term employees, for example with municipal employers in the eastern collective bargaining area (Tarifgebiet Ost): Sec. 30 (2) to (5) does not apply here. The contract can only be terminated if the employment contract provides for this.

Protection against ordinary dismissal under the TVöD: when the employer can no longer give ordinary notice

Under Sec. 34 (2) TVöD, the employer can only dismiss for good cause if three conditions are met together:

  1. You have completed your 40th year of life, i.e. you are at least 40 years old.
  2. Your length of employment with the same employer is more than 15 years (Sec. 34 (3) sentences 1 and 2 TVöD).
  3. You belong to an area to which the rule applies:
AreaRequirementsProtected under Sec. 34 (2)?
Municipal employer (VKA), western collective bargaining area40 years, more than 15 yearsyes
Municipal employer (VKA), eastern collective bargaining area40 years, more than 15 yearsno, ordinary dismissal with notice remains possible
Federation, west and east40 years, more than 15 yearsyes
Federal states (TV-L), until 31 December 202640 years, more than 15 years, western collective bargaining areayes, west only
Federal states (TV-L), from 1 January 202740 years, more than 15 yearsyes, west and east (Sec. 34 (2) TV-L)

Whether the eastern or western collective bargaining area applies depends on where the employment was established and whether this connection continues, not on where you live today (Sec. 38 (1) TVöD). Anyone who was already protected against ordinary dismissal under the collective rules in force until 30 September 2005 remains so (Sec. 34 (2) sentence 2 TVöD).

What remains possible despite protection against ordinary dismissal:

  • an extraordinary dismissal for good cause under Sec. 626 BGB, for example for serious breaches of duty. It must be declared within 2 weeks of learning of the reason (Sec. 626 (2) BGB),
  • in exceptional cases, an extraordinary dismissal with a phase-out period corresponding to the ordinary period, for example if the job disappears entirely,
  • a termination agreement (Auflösungsvertrag) by mutual consent (Sec. 33 (1) (b) TVöD),
  • the end without notice on reaching the standard retirement age or on a permanent pension for full or partial reduced earning capacity (Sec. 33 (1) (a) and (2) TVöD).

The protection against ordinary dismissal only binds the employer. You yourself can still give notice with the period under Sec. 34 (1).

Resigning yourself: notice period under the TVöD for employees

For your own resignation, the same table applies as for the employer. A special rule "after 15 years only to the end of a half-year" does not exist in the TVöD; even then, it remains 6 months to the end of a quarter. The law only prohibits a longer period applying to employees than to the employer (Sec. 622 (6) BGB).

How to give notice validly:

  1. Written form: paper, signed by hand. The electronic form is excluded (Sec. 623 BGB); email, fax, scan and messenger are not enough.
  2. Clear declaration: that you are resigning, with effect from which date, and alternatively "on the next possible date".
  3. Correct recipient: the HR department or the office of your employer authorised to receive notice.
  4. Prove receipt: handover in person against an acknowledgement of receipt or delivery to the letterbox by a messenger who knows the content.
  5. Buffer: a few days before the last day for receipt in the deadline calendar.

Leaving earlier? You can only shorten the period with the employer's consent through a termination agreement (Sec. 33 (1) (b) TVöD), which must also be in writing (Sec. 623 BGB). A termination agreement can lead to a benefit suspension for unemployment benefit. What to bear in mind is explained in the guide Termination agreement. You can only resign without notice for good cause (Sec. 626 BGB), see summary dismissal.

If the employer dismisses you: check these points

  1. Period and date: Does the period fit your length of employment, and does it end on a permissible date? A period that is too short does not usually make the dismissal invalid; it then takes effect on the next permissible date.
  2. Protection against ordinary dismissal: Are you at least 40, employed for more than 15 years and covered by Sec. 34 (2) TVöD? Then ordinary dismissal is excluded.
  3. Staff council: At federal level, the staff council (Personalrat) participates in ordinary dismissal; without its involvement, the dismissal is invalid (Sec. 85 (1) and (3) BPersVG). It must be consulted before an extraordinary dismissal (Sec. 86 BPersVG). For municipalities, the staff representation act of the federal state applies.
  4. Reason for dismissal: After 6 months, the employer needs a reason relating to your person or your conduct, or urgent operational requirements (Sec. 1 (2) KSchG). The KSchG expressly also applies to administrations under public law if they normally employ more than 10 employees, excluding trainees (Sec. 23 (1) KSchG). More on this in the guide ordinary dismissal.
  5. 3 weeks: If you want to challenge the dismissal, you must file a claim with the labour court within 3 weeks of receipt of the written dismissal (Sec. 4 KSchG). After that, the dismissal is usually deemed valid. How to calculate the deadline is explained in the guide Deadline for an unfair dismissal claim.

Holiday, annual special payment, cut-off period: what else applies on dismissal

  • Holiday: If the employment ends during the year, you are entitled to one twelfth of the annual holiday for each full month; Sec. 5 BUrlG remains unaffected (Sec. 26 (2) (b) TVöD). What happens to remaining holiday is explained in the guide Remaining holiday on dismissal.
  • Annual special payment (Jahressonderzahlung): You are entitled if you are in employment on 1 December (Sec. 20 (1) TVöD). If your employment ends at the end of 30 November, the payment for that year is lost. More in the guide Christmas bonus on dismissal.
  • Cut-off period (Ausschlussfrist): Claims arising from the employment lapse if you do not assert them in text form within 6 months of their falling due (Sec. 37 (1) TVöD). So claim outstanding pay, overtime or payment in lieu of holiday promptly in writing or by email.
  • Reference: When the employment ends, you are entitled to a final reference covering the nature and duration of the work, conduct and performance, and when the end is imminent, to an interim reference (Sec. 35 TVöD).

TVöD, TV-L and BGB: what applies where

  • TVöD: employees of the Federation and of municipal employers that are members of an association of the VKA (Sec. 1 (1) TVöD). It applies directly if both sides are bound by the collective agreement (Sec. 4 (1) TVG), otherwise through the reference in the employment contract.
  • TV-L: employees of the federal states. The periods in Sec. 34 (1) TV-L are the same as in the TVöD. Difference in protection against ordinary dismissal: until 31 December 2026 only in the western collective bargaining area, from 1 January 2027 for everyone (Sec. 34 (2) TV-L).
  • Private employers with a reference to the TVöD, for example providers in nursing care or day care for children: Whether the TVöD periods apply depends on the clause in the employment contract.
  • Civil servants (Beamte) are not covered by the TVöD. For them, there is no dismissal, but discharge under civil service law.

FAQ

Can you only give notice to the end of a quarter under the TVöD?

Yes, once you have been employed by the same employer for more than one year. The employment then only ends on 31 March, 30 June, 30 September or 31 December (Sec. 34 (1) sentence 2 TVöD). In the first 12 months, notice is given to the end of the month; an earlier end is only possible with a termination agreement or for good cause (Sec. 626 BGB).

Does the TVöD notice period also apply if I resign myself?

Yes. Sec. 34 (1) TVöD does not distinguish between employer and employee. With 12 years of employment, you too must therefore observe 6 months to the end of a quarter. Only the protection against ordinary dismissal under Sec. 34 (2) protects you alone.

Which notice period applies after 15 years under the TVöD?

For you as an employee, 6 months to the end of a quarter, as from 12 years. If you are at least 40 years old and covered by Sec. 34 (2) TVöD, the employer can only dismiss you for good cause after more than 15 years. A half-year period for your own resignation does not exist.

What does "6 weeks to the end of a quarter" mean?

There must be at least 6 weeks between receipt of the notice and the end of a quarter. For 31 December 2026, the last day for receipt is Thursday, 19 November 2026, for 31 March 2027 Wednesday, 17 February 2027. If you miss the day, you slip into the next quarter.

Does a different period apply under the TVöD for the Federation, VKA, social and childcare services or nursing?

No, the periods of Sec. 34 (1) are in the general part and are worded identically for the Federation and the VKA. There are differences in protection against ordinary dismissal: with municipal employers it only applies in the western collective bargaining area, with the Federation for everyone. The special periods for fixed-term contracts (Sec. 30 (2) to (5) TVöD) also apply to everyone at the Federation, but with municipal employers only in the western collective bargaining area and only for work that would have been subject to the salaried employees' pension insurance before 2005.

Is notice possible before starting work under the TVöD?

The TVöD does not expressly regulate this. Under general employment law, notice before starting work is possible if the contract does not exclude it; the period for the first 6 months applies, i.e. 2 weeks to the end of the month.

How many formal warnings are needed before a dismissal under the TVöD?

There is no fixed number, either in the TVöD or in the law. For a conduct-related dismissal, case law usually requires a prior formal warning for a similar breach; for serious breaches, it may be unnecessary. Whether one formal warning is enough depends on the individual case.

Do I still receive the annual special payment if I am dismissed?

If you are still in employment on 1 December, you are in principle entitled (Sec. 20 (1) TVöD), even if you have already been given notice. If the employment ends before then, the payment is lost for that year. Details on reduction and repayment are in the guide Christmas bonus on dismissal.

About the author

Dr. Georg Schröder, LL.M.

Dr. Georg Schröder is a lawyer and writes the guides of Recht 24/7. He explains legal questions so that you can follow them without legal training, and he reviews every guide before it is published.

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