The notice period is the time that elapses between the submission of the declaration of intent and the date on which the employment relationship is terminated.

The length of the notice period for a contract concluded for a trial period is determined by the length of the trial period. That period amounts to:

• 3 working days if the trial period does not exceed 2 weeks;
• 1 week if the trial period is longer than 2 weeks;
• 2 weeks if the trial period is 3 months.

The length of the notice period for contracts for an indefinite period and fixed-term contracts depends on the period of employment by the employer concerned and thus on the seniority.

The notice period amounts to:

• 2 weeks if the employee has been employed for less than 6 months,
• 1 month if the employee has been employed for at least 6 months,
• 3 months if the employee has been employed for at least 3 years.

Company seniority includes:

• the period of previous employment if the establishment was transferred to another employer,
• periods of employment under all contracts between the employee and the same employer, irrespective of the number of contracts or breaks between them.

Notice periods counted in months end on the last day of the month.

For example, with a notice of termination given on 22 July:

• a one-month notice period ends on 31 August,
• a three-month notice period ends on 31 October.

The notice period counted in weeks ends on a Saturday and must cover a full week or 2 weeks.

Notice periods of fixed-term contracts or contracts for an indefinite period may be shortened.

Unilateral reduction of the notice period by the employer may occur if the contract of employment (fixed-term and for an indefinite period) is terminated because of:

• bankruptcy; or
• the liquidation of the employer; or
• for other reasons unrelated to the employee.

The three-month notice period may be reduced to 1 month at most. For the reduction of the notice period, the employee is entitled to compensation for the remainder of that period.

The reduction of the notice period may also take place by mutual agreement of the parties after the receipt of the notice of termination. However, this does not change the way in which the contract of employment is terminated. This still constitutes to be termination by the employer. In such a case, the employer is not obliged to pay compensation.