Cancel before the contract is sent?

So,

Hey, I started a mini-job as a student at a position that I don't like.

In this position, the employment contract is sent by post.

I haven't sent it out yet but I've already worked there 5-6 times.

The salary for last month is not here yet because I have not been able to send the contract.

But I want to quit; I can't manage with two mini-jobs while studying.

Can I cancel only after I have sent the contract?

Of course I still want payment.

(1 votes)
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Hexle2
4 months ago

It doesn’t matter whether the contract is signed or not.

You have worked with the knowledge of the AG without a written contract of employment, resulting in an effective contract of employment.

You can terminate this oral employment contract at any time in writing in compliance with the valid termination period.

The termination period is in the employment or applicable collective agreement. If nothing is in it, you have the statutory period of four weeks to the 15th or the end of a month according to § 622 para. 1 BGB. Since no trial period is agreed, no shorter period shall apply.

Hexle2
4 months ago
Reply to  Lu777

Of course, your company must pay you the hours worked. This has nothing to do with the unsigned employment contract. How long you worked.

Send your notice with the notice period of two weeks and the signed employment contract to the AG (enrollment letter) or give both documents personally (let you confirm receipt on a copy of the notice). You will get your money to the usual date

Hexle2
4 months ago

Barley

ronnyarmin
4 months ago

You can send the termination together with the contract.

wilees
4 months ago

I haven’t sent this yet, but I’ve been working there 5-6 times.

In this way, a contract of employment in accordance with applicable labour law is established by conclusive behaviour. Without your signature on the AV even an indefinite contract without trial period. Say it would even apply to your inconvenience with relative probability notice period according to § 622 BGB – that is 4 weeks to the 15 or Ultimo of a month.