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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 '18 at 10:59
  • @o.m. That's more helpful. You can post it as the answer I would accept it. – Anirudh Dec 28 '18 at 9:02
  • What good would an accepted answer be which tells "go ask a lawyer"? – o.m. Dec 28 '18 at 11:22
  • I did he mentioned the same as you – Anirudh Dec 28 '18 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 '18 at 12:14
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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.

  • Doesn't really help. Too much emotional noise in the answer. – Anirudh Dec 28 '18 at 9:01

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