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Severance Notice for Germany

Severance Notice Template for Germany

A German severance notice (Aufhebungsvertrag) is a formal document that mutually terminates an employment relationship while setting out the terms of the separation, including severance payment details. This document must comply with German labor law requirements, particularly the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). It outlines the termination date, severance amount, treatment of remaining benefits, and any post-employment obligations. The document requires careful consideration of tax implications and social security aspects, and may need works council consultation in companies where such representation exists.

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Severance Notice

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What is a Severance Notice?

The Severance Notice (Aufhebungsvertrag) is a crucial document in German employment law used when an employer and employee agree to terminate their employment relationship by mutual consent. It's particularly relevant in situations involving restructuring, redundancies, or when both parties wish to end the employment relationship amicably without going through a formal dismissal process. The document must comply with strict German legal requirements and typically includes details about severance payments, final salary arrangements, outstanding vacation days, company property return, and any post-employment obligations. It's essential to ensure the document addresses all relevant aspects of German labor law, including tax implications and social security considerations. The involvement of works councils may be necessary in larger organizations, and the document often requires review by legal experts to ensure compliance with current legislation.

What sections should be included in a Severance Notice?

1. Header Information: Company letterhead, date, and employee's full address

2. Subject Line: Clear identification as 'Termination Agreement' (Aufhebungsvertrag)

3. Employment Details: Reference to current position, start date, and employment contract

4. Termination Statement: Clear statement of employment termination date and mutual agreement

5. Severance Amount: Specific amount of severance payment and payment terms

6. Final Salary: Details of final regular salary payment and outstanding benefits

7. Holiday Entitlement: Settlement of remaining vacation days

8. Company Property: Requirements for returning company property

9. Full and Final Settlement: Confirmation that this represents full settlement of all claims

10. Signatures: Space for dated signatures of both parties

What sections are optional to include in a Severance Notice?

1. Garden Leave: Terms of garden leave if applicable until termination date

2. Reference Letter: Agreement regarding the provision and content of reference letter

3. Confidentiality: Ongoing confidentiality obligations post-employment

4. Non-Compete: Any applicable post-contractual competition restrictions

5. Outplacement: Details of any outplacement support offered

6. Insurance Continuation: Information about continuing company insurance benefits

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

8. Tax Treatment: Specific agreements about tax treatment of severance payment

What schedules should be included in a Severance Notice?

1. Calculation Sheet: Detailed breakdown of severance payment calculation

2. Benefits Summary: List of all benefits and their treatment post-termination

3. Property Checklist: List of company property to be returned

4. Draft Reference Letter: If agreed, attached draft of the reference letter

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

Cost

Free to use
Relevant legal definitions




















Clauses























Relevant Industries

Manufacturing

Technology

Financial Services

Healthcare

Retail

Professional Services

Construction

Energy

Telecommunications

Transportation

Education

Media and Entertainment

Real Estate

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Pharmaceuticals

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Consumer Goods

Insurance

Relevant Teams

Human Resources

Legal

Finance

Compliance

Executive Leadership

Payroll

Employee Relations

Operations

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employment Lawyer

HR Business Partner

Compensation and Benefits Manager

HR Operations Manager

Personnel Administrator

Chief Human Resources Officer

HR Compliance Manager

Employee Relations Manager

HR Generalist

Managing Director

Chief Executive Officer

Chief Financial Officer

Department Head

Industries







Teams

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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