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I wish to cancel my new work agreement that I already signed.

On 01.02.2019 (First day at the job)

Notice of termination: one month to the end of the month (during the probationary period)

Which day is my last day?

28.02.2019 or 31.03.2019?

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''

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

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    If you hand in your resignation on Feb 1st, then the month notice period ends on Mar 1st and the resignation takes effect at the end of that month, on Mar 31th. You might want to consult a lawyer regarding a resignation in January. Getting one just to answer a couple of questions, and not prepare any letters for you, should be affordable compared to the money at stake for your.
    – o.m.
    Dec 27, 2018 at 10:59
  • @o.m. That's more helpful. You can post it as the answer I would accept it.
    – Anirudh
    Dec 28, 2018 at 9:02
  • What good would an accepted answer be which tells "go ask a lawyer"?
    – o.m.
    Dec 28, 2018 at 11:22
  • I did he mentioned the same as you
    – Anirudh
    Dec 28, 2018 at 11:58
  • You might consider to give notice now, effective "the next contracted point in time" and mention that you would be glad to leave earlier. They could still ask you to work those two months, but in any qualified job the on-boarding effort would make that pointless. But show such a letter to the lawyer, to make sure it says you would follow your contract unless an earlier exit is mutually agreed, and not a threat of breach of contract.
    – o.m.
    Dec 28, 2018 at 12:14

2 Answers 2

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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.

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.

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.

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  • Doesn't really help. Too much emotional noise in the answer.
    – Anirudh
    Dec 28, 2018 at 9:01
  • A person can be held to a personal service contract in Germany? Or just pay damages of some sort?
    – George White
    Apr 14, 2021 at 23:40
  • @Anirudh: Absolutely not. There are employers in Germany who take this serious and will not do what would be rational. If OPs employer is like that, then he has to live with it.
    – gnasher729
    Feb 15 at 19:19
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Answering based on the real outcome of the situation.

I talked to the company and gave them proper reasons why I can't take up the job.

They understood and issued me an ,,Aufhebungsvertrag" which means I am freed from the contract.

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.

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  • Also: Probezeit
    – Trish
    Apr 14, 2021 at 10:01
  • More than probezeit the point here was if one should invest in something which would finish on the first day itself.
    – Anirudh
    Apr 14, 2021 at 10:31

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