Sonderkündigungsschutzregelungen

Sonderkündigung is a term used to describe the termination of a contract outside the regular notice periods due to special circumstances. It typically refers to an extraordinary termination or termination for cause, rather than a routine, scheduled end of a contract. The concept appears across various contract types, including employment, tenancy, and consumer or service agreements.

In employment law, a Sonderkündigung (often called an extraordinary or termination for cause) is used when one party has a serious reason that makes continued employment untenable. Examples include gross misconduct, serious breach of contract, insolvency of the employer or employee, or other circumstances that render the continuation of the working relationship unreasonable. In many systems, a warning or a prior step may be required unless the reason is exceptionally grave, and the notice may be immediate.

In tenancy relations, such exceptional terminations are less common but may occur if there is a material breach of essential obligations, a risk to safety, or other urgent reasons that justify ending the lease outside ordinary notice periods. For consumer or service contracts, Sonderkündigung can arise when the contract’s essential terms are violated or when continued performance becomes impossible or highly impractical.

Procedurally, Sonderkündigung typically requires a clear, written notice that states the reason for termination and complies with any applicable statutory or contractual requirements. Courts assess whether the reason justifies breaking the contract and whether the notice was properly given. Bedrock considerations include the proportionality of the measure and the reasonableness of terminating the contract early. If in doubt, consulting the specific contract terms or legal counsel is advised.