Continuing to be a productive part of the team during that period of time is simply a matter of professionalism. It's true that occasionally one party or the other is incapable of continuing to work together, but that's pretty rare in my experience.
This can be especially helpful when transitioning a large codebase, or really any suitably complex project, where some of the undocumented "lore" isn't readily apparent to either party until after the formal transition effort is already well underway.
2 weeks is just a typical professional courtesy. The employee handbook might state "we prefer two weeks notice", but you don't owe them that.
If you're leaving, most companies will expect at least a 1-month notice. Two months is common. Even if you're changing jobs that's not too long because the other company (if it's a Japanese company) will understand and actually expect it. On that 1~2 month period you're expected to hand over your tasks to a colleague.
If you're leaving for a reason other than changing to another company (like Patrick), then it's not uncommon to give a longer notice. For instance, many women still leave their jobs after marrying, or after getting pregnant, or when their husbands get transferred etc.
I've heard of key technical staff having a 3-month notice written out in their contract. Nine months is ridiculously long no matter what.
Personally, I would tell the person "Go ahead and go now, and we'll just continue to pay your salary to the end of the contract". If the person is really unhappy with the place, having them around bringing everyone down is going to cost a lot more than paying someone 2 months to not be there IMO.
How do you contract this sort of thing? If I wanted to quit and I had a contract like this, I would just stop coming to work, or I would come to work and do a bad job.
It's something similar in Sweden, though the contract goes both ways. They can't give less notice for firing you than you can for quitting, so it just damps the system somewhat.
Since it's a legal contract violating (by leaving) it could lead to lawsuits.
Although it's in the contract, you are always free to re-negotiate a contract, and if both sides agree, then you have a new contract
i.e., was it a contractual thing, a legal thing, or just an accepted practice? Or a request from your previous company which they wouldn't budge on?
1. Reasons in your behavior. For instance, if you steal from the company.
2. Reasons in your person. For instance you have developed a back-problem and can't do your job anymore.
3. Reasons within the company. Like restructuring eliminates the job you were doing. And this reason also requires that the employer has to prove that you cannot work at a different place in the company. If the company wants to fire a lot of people for financial reasons it has to be "sozialverträglich" (socially acceptable) which means employees with children and older employees can't be fired unless all younger employees without kids are also fired. There are exceptions.
It is actually quite hard to fire someone in Germany, who wants to stay. It takes years and if the employer loses in court he has to pay the salary for the time of the judicial proceeding plus the employee is still not fired. Because of this risk and the associated costs for the employer it is common to have some compensation payed to the employee. Its usually about half of his current monthly salary (before tax) times the years he was in the company.
The employment protection is not negotiable but the "Kündigungsfrist" (period of notice) is, to a certain degree. I think 1 month is the minimum. Employment protection is applicable if the company has more that 10 employees and the contract is indefinite. Fixed term contracts are only possible for at most 2 years. After that the employment becomes indefinite automatically.
Here is a long version in english: http://www.ilo.org/public/english/dialogue/ifpdial/info/term...
Wow. In the USA, companies can basically fire anyone for any reason at any time (in my experience). And getting fired usually happens very quickly -- as in, that instant: "Please pick up your things and come with me. No, don't touch the computer, someone else will log you out."
But an employee that really wants to stay can be on payroll for quite some time. But he cannot work for another company during that time. He has to be available.
But most people, I think, take the severance pay and move on. I did.
Here, a "settlement" is something you might get if you were to sue someone for something and the court awarded you money.
Also, in the states, if you're laid off, you can apply for "unemployment benefits" from the state. If you're fired, you cannot.
If you get fired, the company has to tell you the same number of months in advance.