In Germany, the default for an employee quiting a job is a four weeks notice to the middle or the end of the month. Only if the job is subject to a collective labour agreement, this period might be shorter. A collective labour agreement might extent it, as well as an individual working contract. In all these cases, the period for the employee must not be shorter than the period for the company. However, it is possible to grant the employee a longer period.[1]
The law does not state an upper limit for the period of notice. There had once been a court ruling in a specific case that a period of three years is too long, because it violates the principle of good faith ("Treu und Glauben").[2]
A contract may be terminated earlier by mutually agreement. An employee may also simply not show up for work, but is then liable for the resulting damage. The employer bears the burden of proof for the damage incurred. So in case you really want to hire someone immediately who is not released from his contract, you can offer to take over any claims for damages that might be made by his former employer.
The law does not state an upper limit for the period of notice. There had once been a court ruling in a specific case that a period of three years is too long, because it violates the principle of good faith ("Treu und Glauben").[2]
A contract may be terminated earlier by mutually agreement. An employee may also simply not show up for work, but is then liable for the resulting damage. The employer bears the burden of proof for the damage incurred. So in case you really want to hire someone immediately who is not released from his contract, you can offer to take over any claims for damages that might be made by his former employer.
[1] ยง622 BGB, see: https://www.gesetze-im-internet.de/bgb/__622.html (in German)
[2] https://www.hensche.de/arbeitsrecht-urteile-bag-6-azr-158-16... (in German)