Germany: penalty for breaking contract, is it legal?

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NotAllThere replied

22 February 2012, 12:40
Moved to the correct forum.

German law is based on a different set of premises than UK law. Blame Napolean. They take contract law, as it pertains to private individuals, rather more seriously than in the UK. Chances are - it'll be a legal debt if you don't pay it.
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Halo Jones replied

22 February 2012, 10:12
Originally posted by northernladuk View Post

How about post it in the correct part of the forum so everyone can't call you a moron?

Spoil sport
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northernladuk replied

22 February 2012, 10:05
How about post it in the correct part of the forum so everyone can't call you a moron?
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petergriffin replied

22 February 2012, 10:00
Originally posted by scooterscot View Post

Read the contract?

I haven't got the contract yet, I was given a verbal preview.

I'll update when I have more details.
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BlasterBates replied

22 February 2012, 09:57
If you're a freelancer I don't see why they couldn't if it is in the contract.

They'll just deduct it from your last payment and I wouldn't see that you could do anything about it.

It's fairly normal to have penalties for working for the same client through another agency for example, and I would imagine that a contract could also contain a clause for penalties if you don't fulfill it.

If you are a temporary employee then I couldn't see how they could impose that there would be a maximum notice period. Some employee contracts have 6 month notice periods but it would be unlikely they could impose some financial penalty if you didn't stick to it. They would have to demonstrate financial damages, and the courts always favour the employee. I couldn't imnagine for a temporary employee a longer notice period than 6 months.

Probably best to be upfront and tell them how long you want to commit to.

Last edited by BlasterBates; 22 February 2012, 10:02.
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scooterscot replied

22 February 2012, 09:54
Read the contract?
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petergriffin started a topic Germany: penalty for breaking contract, is it legal?

22 February 2012, 09:48
Germany: penalty for breaking contract, is it legal?

If the contract was signed in Germany with a German agency, would it be legal for the agency to impose a penalty for walking out early? 'cause the money isn't great, I'd only do it because I want to improve my German but they ask me 24 months commitment. Any ideas?
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