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Termination Letter To An Employee Template for Germany

This document serves as a formal notice of employment termination under German law, complying with the requirements set forth in the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). It contains mandatory elements including clear termination declaration, notice period calculation, last working day specification, and must be provided in written form with an original signature. The letter addresses various aspects of the employment conclusion including company property return, final settlements, and the provision of a reference letter, while ensuring compliance with strict German employment protection regulations and formal requirements.

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What is a Termination Letter To An Employee?

The Termination Letter To An Employee is a crucial document in German employment relations, used when an employer wishes to formally end an employment relationship. It must strictly comply with German employment law, which provides significant employee protections and requires specific formalities. The document must be issued in writing (electronic form is invalid), contain an unambiguous termination declaration, and specify the notice period and last working day. The letter typically includes information about final settlements, company property return, and reference letter provisions. Special consideration must be given to protected categories of employees and works council involvement where applicable. This document type is particularly sensitive as German courts carefully scrutinize termination letters, and any formal errors can invalidate the termination.

What sections should be included in a Termination Letter To An Employee?

1. Header with Full Contact Details: Complete company details including registered address and employee's full name and address

2. Date: Current date when the termination letter is issued

3. Subject Line: Clear indication that this is a termination notice (K眉ndigung des Arbeitsverh盲ltnisses)

4. Clear Statement of Termination: Unambiguous declaration of the termination of employment

5. Last Working Day: Specific mention of the last day of employment, considering notice period

6. Notice Period Reference: Reference to applicable notice period according to employment contract or law

7. Return of Company Property: Request for return of all company property by last working day

8. Final Settlement: Information about final salary payment and outstanding amounts

9. Reference Letter: Confirmation that an employment reference letter will be provided

10. Signature Block: Space for authorized signatory's original signature (mandatory under German law)

What sections are optional to include in a Termination Letter To An Employee?

1. Garden Leave: Used when employee is to be released from duty during notice period (Freistellung)

2. Reason for Termination: Include only if required by law or beneficial for documentation

3. Outstanding Vacation Days: Calculation and handling of remaining vacation days

4. Non-Compete Reminder: If applicable, reminder of existing non-compete obligations

5. Severance Payment: Include if a severance payment has been agreed upon

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

7. Handover Instructions: Specific instructions for handover of work and responsibilities

What schedules should be included in a Termination Letter To An Employee?

1. Inventory List: List of company property to be returned

2. Final Settlement Calculation: Detailed breakdown of final payment including salary, vacation days, and other benefits

3. Handover Protocol: Document detailing the handover of responsibilities and ongoing projects

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

Jurisdiction

Germany

Cost

Free to use

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