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Non Confirmation Of Probation Letter for Germany

Non Confirmation Of Probation Letter Template for Germany

A formal employment document governed by German labor law (specifically the German Civil Code - BGB and the Protection Against Unfair Dismissal Act - KSchG) that officially communicates the non-confirmation of an employee's employment following their probationary period. This document must comply with German legal requirements regarding form and content, including proper notice periods, written format requirements, and specific termination provisions. It serves as a legal record of the employment relationship's termination and typically includes details about the notice period, final working day, and administrative arrangements for the employment's conclusion.

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Non Confirmation Of Probation Letter

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What is a Non Confirmation Of Probation Letter?

The Non Confirmation Of Probation Letter is a crucial document in German employment law, used when an employer decides not to continue an employment relationship beyond the probationary period (typically up to 6 months under German law). This document must be drafted in accordance with the German Civil Code (BGB) and related employment legislation, requiring written form and specific content elements. It is typically issued when an employee's performance, conduct, or fit within the organization during the probation period does not meet the required standards for permanent employment. The letter must include clear identification of parties, explicit statement of non-confirmation, notice period details, and final working arrangements. Given its legal significance and potential implications, it requires careful drafting to ensure compliance with German labor law requirements while maintaining professional communication standards.

What sections should be included in a Non Confirmation Of Probation Letter?

1. Letter Header: Company letterhead, date, and formal business letter formatting

2. Recipient Details: Employee's full name and address

3. Subject Line: Clear indication that this relates to probation period completion/employment termination

4. Reference Information: Employment contract date, position title, and probation period dates

5. Main Statement: Clear and unambiguous statement that the probation period was not successfully completed

6. Notice Period: Specific information about the notice period and last working day

7. Return of Company Property: Instructions regarding return of company equipment, badges, etc.

8. Final Pay Information: Information about final salary payment and any outstanding benefits

9. Signature Block: Official signature(s) of authorized representative(s)

What sections are optional to include in a Non Confirmation Of Probation Letter?

1. Performance Reasons: Brief explanation of why the probation was not confirmed (optional but recommended if there's no risk of legal challenge)

2. Reference Offer: Statement about providing employment references as required by German law

3. Handover Instructions: Specific instructions for handover of work if required

4. Works Council Reference: Reference to works council consultation if applicable

5. Alternative Position Offer: If applicable, information about any alternative positions within the company

6. Holiday Settlement: Details about remaining holiday entitlement and settlement

What schedules should be included in a Non Confirmation Of Probation Letter?

1. Calculation of Final Payment: Detailed breakdown of final salary, including any pro-rated bonuses, holiday pay, etc.

2. Company Property List: Itemized list of company property to be returned

3. Exit Checklist: Checklist of tasks to be completed before last working day

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Document Type

Confirmation Letter

Sector

Sales

Cost

Free to use
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Relevant Teams

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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