From 1 June 2025, the so-called flex amendment to the Labour Code applies, which among other things has changed how the notice period is calculated. The change concerns every notice of termination delivered from this date onwards, regardless of whether it is given by the employee or the employer. In this article we explain exactly what has changed, how to correctly calculate when the employment relationship actually ends, and why the delivery date is now so important.
How the notice period was calculated in the past
Until 31 May 2025, the notice period did not begin on the day the notice was delivered, but rather on the first day of the calendar month following delivery. If an employee submitted a notice on 10 April, for example, the notice period started on 1 May; since the minimum duration was two months, the employment relationship ended on 30 June. In practice, nearly three months could pass between delivery and the end of the contract, depending on the exact date of delivery within the month.
What the Flex Amendment Changes
The Flexi-novella abolished this shift. The notice period now runs from the day the notice is delivered to the other party: not from the first day of the following month. The delivery date is thus the direct start of the notice period, making it even more important than before to be able to reliably prove exactly when delivery took place.
The purpose of the change is to calculate the notice period precisely in days rather than full calendar months. The previous rule could extend the actual time between delivery and the end of the employment relationship by almost an entire additional month, depending solely on when during the month delivery happened to occur. The new calculation makes the outcome more predictable: both parties can immediately calculate the specific end date after delivery without having to wait for the start of the next calendar month.
How the end of the notice period is calculated
The minimum notice period remains two months and must be the same for both employer and employee. The end of the notice period, and thus the termination of the employment relationship, falls on the day that numerically corresponds to the date of delivery of the notice, after the relevant number of months has elapsed. In practice this means:
- Notice of termination served on 14 April → two-month notice period → employment relationship ends on 14 June.
- Termination notice served on 1 March → employment ends on 1 May.
- Notice of termination served on 20 December → employment relationship ends on 20 February.
At first glance, it is clear that the new rule usually shortens the actual period between delivery and the end of the employment relationship compared to the old calculation from the first day of the following month. If a specific date falls on a day that does not exist in the target month, or involves another non-standard combination of dates, we recommend always verifying the exact end date individually, general rules for calculating deadlines may apply differently in such borderline cases.
Why the exact delivery date matters so much
Since the delivery date is now the direct starting point for calculating the end of the employment relationship, it affects a number of subsequent matters, when the last salary is due, until when work tools and files must be handed over, or from when one can register with the Labour Office. A dispute over when (or whether at all) the notice was delivered now directly means a dispute over the specific calendar date of the end of employment; previously, this uncertainty partly disappeared because everyone waited anyway until the beginning of the next month.
Shorter one-month notice period for disciplinary reasons
The Flexi-novella introduced an exception for cases where the employer gives notice for disciplinary reasons. That is, when the employee has seriously breached their work duties. In such a case, the notice period may be shorter, at least one month, calculated in the same way from delivery: from the day of delivery to the day that numerically matches it after one month has passed. However, even here, the notice must be in writing, properly delivered, and must state a specific reason: a general or vague formulation weakens the notice regardless of the length of the notice period.
Regarding older notices of termination: transitional period
If the notice of termination was delivered by 31 May 2025, i.e. Before the flex amendment came into force, the notice period is calculated according to the old rules: from the first day of the following month. The new rule applies only to notices delivered from 1 June 2025 onwards. If you are dealing with an older case, for example, calculating retrospectively when a colleague's employment contract actually ended after receiving a notice in spring 2025, always verify the actual date of delivery first, not the date the notice was signed or drawn up. It is precisely the date of delivery that determines which of the two calculations applies.
Summary
- The notice period runs from the day the notice is received, not from the first day of the following month.
- The minimum notice period is two months, or one month in cases of disciplinary reasons on the employer's side.
- The end date falls on the day that numerically matches the day of delivery.
- For notices of termination delivered by 31 May 2025, the old rules still apply.
Related articles: how to resign as an employee, What must not be missing from a notice of termination a termination notice versus mutual termination agreement.