Freelancers can quit at any time.

• Contracts
• SME

The flexibility of the freelancers enables them to quickly mobilize manpower when the workload is heavy. It is always important to bear in mind: Just as flexibly as the client can do without the services of a freelancer, the freelancer can terminate the contract at any time.

There is a contractual relationship between the client and the freelancer (commissioning). This contractual relationship includes the possibility of termination at any time. A notice period agreed with a freelancer would not be enforceable. Even agreeing a penalty payment in the event of premature termination would not help.

There is one exception to the principle of terminability at any time: termination at an inopportune moment. A termination at an inopportune moment is given if there are no important reasons for the termination and the contractual partner suffers “particular disadvantages”. Special disadvantages exist, for example, if a freelancer terminates shortly before completion of a contract and the client’s investments are lost as a result. If in such a situation the freelancer has no good reason for termination, he is liable to pay damages.

When hiring freelancers, it is important to be clear about what can be contractually regulated and, if necessary, enforced in court.