contract-law germany workplace
Quitting Job on the first day? What would be my last day? (Germany)
<p>I wish to cancel my new work agreement that I already signed.</p>

<p>On 01.02.2019 (First day at the job) </p>

<p><strong>Notice of termination</strong>: <em>one month to the end of the month (during the probationary period)</em> </p>

<p><strong>Which day is my last day?</strong> </p>

<p>28.02.2019 or 31.03.2019?</p>

<p>It can also be that they could consent to letting me go without needing to enter work contract at all upon requesting.(As in work contract it says ''Quitting before the first day is excluded''</p>

<p>But just in case they wont allow? Then what joining date should I commit to the new company?</p>

<p>As far as I know, companies in Germany take real offence if you sign an employment contract and then don't turn up, and that is understandable. You signed a contract, and apparently got a better offer later. </p>

<p>What you should do is inform them as soon as possible that you don't want to start this job. They will accept this, or they won't. It would be rational to accept it, but as I said, they tend to take offence at that kind of behaviour. </p>

<p>If they are annoyed enough, they will hold you to your contract and you will likely have to give two months notice. Because they can, and they don't like people being in breach of contract.</p>

<p>Answering based on the real outcome of the situation.</p>
<p>I talked to the company and gave them proper reasons why I can't take up the job.</p>
<p>They understood and issued me an ,,<strong>Aufhebungsvertrag</strong>&quot; which means I am freed from the contract.</p>
<p>It was a tough situation to be in but I guess if one honestly and transparently clear up the whole thing, no company would invest time and money on you when they know there would be no future possible.</p>
