The Mutual Agreement Termination Of Employment Letter (Aufhebungsvertrag) is a crucial document used in German employment law when both employer and employee agree to end their employment relationship by mutual consent. This approach differs from unilateral termination and often provides more flexibility in terms of termination date and conditions. The document is commonly used when parties wish to end employment amicably, during restructuring, or when alternative arrangements to standard notice periods are desired. It must comply with German labor law requirements, including consideration of works council rights where applicable, and should clearly state all terms of the separation to prevent future disputes. The letter typically includes details about final payments, benefit treatments, and post-employment obligations, while ensuring all legal requirements under German employment law are met.
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1. Header and Date: Company letterhead, date, and reference information
2. Addressing: Employee's full name and address
3. Subject Line: Clear indication that this is a mutual termination agreement
4. Opening Statement: Reference to current employment relationship and mutual decision to terminate
5. Termination Date: Clear statement of the agreed termination date
6. Final Salary and Benefits: Details of final salary payment, including treatment of remaining vacation days and other benefits
7. Company Property: Requirements for returning company property
8. Confidentiality Obligations: Confirmation of ongoing confidentiality obligations
9. Full and Final Settlement: Statement that this agreement represents full and final settlement of all claims
10. Signatures: Space for both employer and employee signatures with date
1. Garden Leave: Used when employee is to be released from work duties before termination date
2. Reference Letter: Terms regarding the provision of a reference letter (Arbeitszeugnis)
3. Non-Competition: If applicable, reminder of existing post-contractual non-compete obligations
4. Severance Payment: Details of any severance payment agreed between parties
5. Works Council Notice: Reference to works council consultation if applicable
6. Outstanding Bonus/Commission: Treatment of any outstanding variable compensation
7. Medical Insurance Continuation: Information about continued health insurance coverage
8. Company Pension: Treatment of company pension arrangements
1. Calculation Sheet: Detailed breakdown of final payment including salary, vacation days, and any severance
2. Company Property List: Itemized list of company property to be returned
3. Benefits Summary: Summary of treatment of various benefits and entitlements
4. Reference Letter Draft: If agreed, draft of the reference letter to be provided
5. Handover Protocol: Template for documenting handover of work responsibilities
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Manufacturing
Financial Services
Healthcare
Retail
Professional Services
Education
Construction
Telecommunications
Energy
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Media and Entertainment
Hospitality
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Automotive
Pharmaceuticals
Consumer Goods
Agriculture
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Relevant Teams
Human Resources
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Compliance
Employee Relations
Personnel Administration
Corporate Services
Management
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HR Director
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Employment Lawyer
HR Business Partner
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Department Manager
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Chief Human Resources Officer
Personnel Administrator
HR Specialist
Employee Relations Manager
HR Coordinator
Benefits Administrator
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