Is it possible to change the length of the notice period?

Quick Overview

• The notice period cannot be unilaterally shortened simply because you want to start your new job earlier.
• The basic notice period is at least 2 months, but for certain reasons for termination on the part of the employee under Section 52(f) through (h) of the Labor Code, the notice period given by the employer may be at least 1 month.
• The notice period may be extended in writing, but it must apply equally to both the employee and the employer.
• You can leave without waiting for the end of the notice period mainly by mutual agreement with the employer or, in exceptional cases, by immediate termination of the employment relationship.

Not sure if you can leave early or whether your notice period has been agreed upon correctly? Send us your employment contract or draft agreement, and our attorneys will verify your options and advise you on how to proceed without unnecessary risk.

Length of the Notice Period

The statutory notice period begins on the day the notice of termination is received and ends two months later. During this time, the employee is obligated to perform their work duties, even though the termination process is already underway. The purpose of the standard notice period is to allow the employer to prepare for the employee’s departure, for example, by initiating a recruitment process to find a replacement. For the employee, this period ensures time to look for a new job and secure finances during its duration.

The length of the notice period must be specified in full months. According to the Labor Code , it is at least 2 months; therefore, it cannot be shortened below this limit. The only way to change its length is to extend the notice period .

An extension of this period may be agreed upon in writing between the employee and the employer (typically in the employment contract), but it is important to note that this period must be the same for both parties to ensure fairness. This means that if it is agreed that the notice period will be three months or more, this applies to both the employee’s notice and the employer’s notice. These periods cannot differ.

In practice, we often see that employees don’t address the notice period until they’ve already signed a job offer. The most common mistake is relying solely on general information from the internet and failing to read one’s own employment contract. It is precisely there that a longer notice period or a different method of its calculation may be stipulated.

Is it possible to leave without a notice period?

You’ve already landed your dream job, but there’s one problem: they expect you to start immediately, but you have a two-month notice period ahead of you. Is there any way to get around this? Of course, it is possible to terminate the employment relationship without a notice period, for example, through a mutual agreement to terminate the employment relationship or by immediate termination of the employment relationship.

In one typical situation, an employee contacted us who was supposed to start a new job within three weeks, but had a three-month notice period stipulated in his contract. The solution was not a unilateral “shortening of the notice period,” but a well-prepared agreement to terminate the employment relationship, arguing that the employer already had a replacement for the employee. Employers do not always agree, but a well-drafted agreement significantly increases the chance that the parties will part ways without a dispute.

So, if you reach an agreement with your employer and they agree to it, you don’t have to worry about the notice period. Immediate termination of employment is somewhat more complicated; it occurs in a different situation and stems primarily from one party or the other having violated the terms of employment or the contract. If the employer does not agree to the settlement, you have no choice but to hope that your new employer will wait for you.

When does the notice period begin?

The rules changed on June 1, 2025. The notice period no longer automatically begins on the first day of the following month, but starts on the day the notice of termination is delivered to the other party.

Therefore, if an employee delivers a notice of termination to the employer on January 10, the two-month notice period begins on January 10, and the employment relationship ends on March 10. If the last month does not have a day with the same number, the notice period ends on the last day of that month.

However, pay attention to the employment contract. The law allows the employee and employer to agree in writing on a different method for calculating the notice period.

In practice, therefore, you may encounter contracts that retain the older rule of the notice period running from the first day of the following month. That is precisely why it pays to check not only the Labor Code but also the specific wording of your employment contract before giving notice.

Does your contract use the older wording, and are you unsure whether the new or the agreed-upon notice period applies to you? Our attorneys will review your contract and tell you the specific date your employment will end.

Vacation During the Notice Period

During the notice period , you may only take vacation with your employer’s permission. The Labor Code does not prohibit this, but it also does not require it. If you have completed all your tasks and your absence will not cause any problems, you may be allowed to take vacation.

Some employees often take vacation at the end of their employment to rest before starting a new job. However, they should keep in mind that if they do not spend a full year in that job, their vacation time will be reduced. If they do not take their vacation or are not granted it, the employer must pay them for it in their final paycheck.

Are you wondering whether you can take vacation during your notice period, or whether your employer must pay you for it? Describe your situation to us, and we’ll check what you’re entitled to upon termination of employment.

Summary

The notice period cannot be arbitrarily shortened by agreement to less than the statutory minimum. It typically lasts at least 2 months; for certain terminations by the employer based on the grounds specified in Section 52(f) through (h) of the Labor Code, it lasts at least 1 month. A longer notice period may be agreed upon in writing, but it must apply equally to both the employee and the employer. Following the “flexi-amendment” to the Labor Code, the notice period generally begins on the day the notice of termination is delivered, unless the parties have agreed otherwise in writing. Employment may be terminated without a notice period primarily by mutual agreement, or in exceptional situations by immediate termination of employment. In the event of a dispute regarding the validity of the notice, the protection period, vacation, or entitlement to severance pay, it is advisable to have the documents reviewed promptly.