The Immediate Termination Letter To Employee is a crucial document in German employment law, used when serious misconduct or circumstances make it unreasonable to continue the employment relationship until the end of the regular notice period. It must be issued in accordance with 搂626 of the German Civil Code (BGB) within two weeks of discovering the grounds for termination. This document is distinct from regular termination as it ends the employment relationship immediately without notice period, but requires substantial justification and proper documentation. The letter must include specific formal elements required by German law, such as clear termination declaration, detailed grounds, and immediate effect date. It's typically used in cases of serious misconduct, criminal acts, persistent refusal to work, or other significant breaches of trust. The document must consider various legal requirements, including works council consultation if applicable, and must be properly served to the employee in written form.
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1. Formal Address and Date: Complete company letterhead, date, and employee's full address
2. Subject Line: Clear indication that this is an immediate termination letter (Au脽erordentliche K眉ndigung)
3. Employee Information: Employee's full name, position, and employment start date
4. Termination Declaration: Clear and unambiguous statement of immediate termination with reference to 搂626 BGB
5. Effective Date: Specification of the exact date when employment relationship ends
6. Reasons for Termination: Detailed description of the compelling reason(s) for immediate termination
7. Legal References: Reference to relevant legal provisions and employment contract clauses
8. Return of Company Property: Request for immediate return of all company property
9. Final Settlement: Information about final salary payment and outstanding vacation days
10. Signature Block: Company representative's name, title, and signature space
1. Works Council Reference: Required if company has a works council - confirmation that works council was consulted
2. Garden Leave: Include if employee is to be released from duty immediately while maintaining pay
3. Non-Compete Reminder: Include if employment contract contains post-contractual non-compete clauses
4. Reference Letter Offer: Optional offer to provide a reference letter
5. Legal Notice: Information about the three-week period to challenge the termination in labor court
6. Severance Offer: Include if company wishes to offer severance to prevent potential litigation
1. Evidence Documentation: Copies of relevant evidence supporting the reasons for termination
2. Company Property List: Detailed list of company property to be returned
3. Final Settlement Calculation: Breakdown of final payment including salary, vacation days, and other benefits
4. Prior Warnings: Copies of any relevant prior warnings or disciplinary documentation, if applicable
5. Works Council Statement: Copy of works council's statement regarding the termination, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Retail
Healthcare
Professional Services
Construction
Education
Hospitality
Transportation
Energy
Telecommunications
Public Sector
Non-Profit
Media and Entertainment
Relevant Teams
Human Resources
Legal
Compliance
Executive Leadership
Personnel Administration
Labor Relations
Corporate Governance
Relevant Roles
HR Director
HR Manager
Legal Counsel
Employment Lawyer
HR Business Partner
Managing Director
CEO
Department Head
Personnel Administrator
Compliance Officer
HR Operations Manager
General Counsel
Chief Legal Officer
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