The Termination Letter To Employee For Unacceptable Behaviour is a crucial document under German employment law, used when an employer needs to terminate an employment relationship due to serious behavioral issues or misconduct. It must be drafted in strict compliance with the German Civil Code (BGB) and the Protection Against Dismissal Act (K眉ndigungsschutzgesetz), which require specific formal elements and proper documentation of the grounds for termination. The letter should detail the unacceptable behavior, reference any previous warnings, and specify the notice period or immediate termination if applicable. This document is particularly important as German labor courts closely scrutinize terminations, and employers must demonstrate that they have followed proper procedures and have sufficient cause for the termination. The letter must be clear, factual, and comprehensive while maintaining professional tone and meeting all legal requirements.
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1. Header and Date: Company letterhead, current date, and delivery method (e.g., registered mail)
2. Recipient Details: Employee's full name and address
3. Subject Line: Clear indication that this is a termination notice (K眉ndigung)
4. Employment Details: Reference to employment contract, position, and start date
5. Termination Declaration: Clear statement of termination and whether immediate or with notice period
6. Grounds for Termination: Specific description of unacceptable behavior with dates and incidents
7. Reference to Previous Warnings: Documentation of any previous warnings or discussions
8. Notice Period Information: Details about the notice period and last working day
9. Final Administrative Matters: Information about final salary, vacation days, and return of company property
10. Signature Block: Authorized signatory details and signature
1. Garden Leave: Used when employee is to be placed on garden leave during notice period
2. Bonus/Commission Information: Include if there are outstanding bonus or commission payments to address
3. Non-Compete Reminder: Include if employment contract contains post-employment restrictions
4. Handover Instructions: Used when specific handover of duties/projects is required
5. Works Council Reference: Required if works council was consulted in termination decision
6. Settlement Offer: Optional inclusion of separation agreement terms if being offered
7. Reference Letter Notice: Information about providing a final reference letter (Arbeitszeugnis)
1. Previous Warning Letters: Copies of any formal warnings issued to the employee
2. Incident Reports: Documentation of specific instances of misconduct
3. Witness Statements: If relevant, statements from witnesses to the unacceptable behavior
4. Company Property List: Detailed list of company items to be returned
5. Handover Document: Detailed list of projects/responsibilities requiring handover
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