The Resignation And Termination document is a crucial legal instrument under German employment law, used to formally document the end of an employment relationship. It serves multiple purposes: recording the employee's voluntary resignation, documenting a mutual agreement to terminate (Aufhebungsvertrag), or formalizing an employer-initiated termination. The document must comply with strict German legal requirements, including proper notice periods under the German Civil Code (BGB), consideration of the Protection Against Dismissal Act (KSchG), and potential works council involvement. It typically includes essential elements such as termination date, final settlement details, confidentiality provisions, and property return obligations. This document is particularly important in the German context due to the country's strong employee protection laws and formal requirements for employment termination.
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1. Header and Date: Formal letter heading including both parties' full addresses and the current date
2. Subject Line: Clear identification as termination agreement (Aufhebungsvertrag) or resignation letter
3. Employment Details: Reference to current employment contract, position, and start date
4. Termination Declaration: Clear statement of termination or mutual agreement to end employment
5. Effective Date: Specific date when employment relationship will end, considering notice periods
6. Final Settlement: Details of final salary, outstanding vacation days, and other compensations
7. Company Property: Obligation to return all company property and documents
8. Confidentiality: Ongoing obligations regarding confidential information
9. Final Release: Mutual release from claims related to employment relationship
10. Signatures: Space for dated signatures of both parties
1. Garden Leave: Terms of garden leave if employee is released from work duties during notice period
2. Reference Letter: Agreement regarding the provision of employment reference letter (Arbeitszeugnis)
3. Non-Competition: Post-employment competition restrictions, if applicable
4. Severance Payment: Terms of any severance payment agreed between parties
5. Benefits Continuation: Details of any benefits extending beyond termination date
6. Works Council Reference: Reference to works council consultation if applicable
7. Outplacement Support: Details of any career transition support offered
8. Social Security: Special arrangements regarding social security and insurance
1. Final Settlement Calculation: Detailed breakdown of final payment including salary, vacation days, bonuses
2. Company Property List: Itemized list of company property to be returned
3. Benefits Summary: Summary of benefits status and post-termination arrangements
4. Reference Letter Draft: Draft or agreed wording for employment reference letter
5. Handover Protocol: Documentation of work responsibilities handover process
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