The Dismissal Letter For Poor Performance is a crucial document in German employment law, used when terminating an employment relationship due to sustained performance issues. It must comply with the strict requirements of the German Protection Against Dismissal Act (K眉ndigungsschutzgesetz) and related employment legislation. The document should only be used after documented performance issues, formal warnings, and attempts at performance improvement have been made and recorded. It must include specific elements such as clear termination statement, notice period, and reference to previous warnings. Given Germany's employee-protective legal framework, the letter must be carefully drafted to ensure legal validity and minimize the risk of successful legal challenges by the employee.
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1. Header with Full Company Details: Complete company name, address, and registration details as required by German law
2. Employee Details: Full name and address of the employee
3. Date: Clear statement of the date of the dismissal letter
4. Subject Line: Clear indication that this is a termination notice (K眉ndigung)
5. Termination Statement: Explicit statement of employment termination with reference to the employment contract
6. Notice Period: Specific mention of the notice period and the final working day
7. Return of Company Property: Request for return of all company property by the end of employment
8. Signature Block: Space for authorized signatory's signature and company stamp
1. Garden Leave: Section releasing employee from duty to work during notice period - include when immediate removal from workplace is desired
2. Reference to Previous Warnings: Include when formal warnings have been issued - strengthens the legal position
3. Work Certificate Mention: Offer of providing a work certificate (Arbeitszeugnis) - include for professional positions
4. Severance Offer: Include when offering a severance package as part of the termination
5. Holiday Entitlement: Include when there are remaining vacation days to be addressed
6. Works Council Reference: Include when works council has been consulted (mandatory for companies with works councils)
1. Performance Review Documentation: Copies of relevant performance reviews showing ongoing issues
2. Warning Letters: Copies of formal warnings previously issued to the employee
3. Performance Improvement Plan: Documentation of any PIPs and their outcomes
4. Meeting Minutes: Records of performance discussions and feedback sessions
5. Handover Instructions Template: Template for documenting ongoing work and responsibilities
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