At Will Employment Termination Notice for Germany

At Will Employment Termination Notice Template for Germany

This document serves as a formal employment termination notice compliant with German labor law requirements. It includes mandatory elements such as clear termination declaration, notice period specification, and final working day determination, all in accordance with the German Civil Code (BGB) and Protection Against Dismissal Act (KSchG). The notice must be provided in written form and signed by an authorized representative of the employer. Unlike U.S. at-will employment terminations, this document must adhere to strict German statutory notice periods and justification requirements, particularly for employees who have been with the company for more than six months and in companies with more than ten employees.

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What is a At Will Employment Termination Notice?

While this document is referenced as an At Will Employment Termination Notice, it's important to note that German employment law does not recognize the concept of at-will employment. This document serves as a formal termination notice that must comply with strict German labor law requirements, including specific notice periods based on length of service (as per BGB § 622), written form requirements (BGB § 623), and social justification for termination (KSchG). It is used when an employer needs to terminate an employment relationship through ordinary termination (ordentliche Kündigung) and must include specific information about notice periods, final working day, and various administrative details. The document is crucial for ensuring legal compliance and maintaining proper documentation of the employment termination process under German jurisdiction.

What sections should be included in a At Will Employment Termination Notice?

1. Letterhead and Date: Company letterhead with full legal entity name, address, and current date

2. Employee Details: Full name and address of the employee

3. Subject Line: Clear indication that this is a termination notice (Kündigung)

4. Termination Declaration: Clear and unambiguous statement of employment termination

5. Notice Period: Specific mention of the applicable notice period and the resulting final working day

6. Return of Company Property: Request for return of all company property by the final working day

7. Final Settlement: Information about the final salary payment and settlement of remaining vacation days

8. Signature Block: Space for authorized signatory's signature, name, and position

What sections are optional to include in a At Will Employment Termination Notice?

1. Garden Leave: Include when the employee is to be released from duty during the notice period

2. Reference Letter: Mention of the employee's right to receive a reference letter, if not provided separately

3. Works Council Consultation: Reference to works council consultation, if applicable in companies with a works council

4. Severance Offer: Include if a severance payment is being offered as part of the termination

5. Non-Compete Reminder: Include if there are post-employment competition restrictions

6. Handover Instructions: Include when specific handover of duties or projects is required

What schedules should be included in a At Will Employment Termination Notice?

1. Work Certificate (Arbeitszeugnis): Simple or qualified employment reference letter

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

3. Benefits Summary: Summary of outstanding benefits and their treatment post-termination

4. Handover Protocol: Template for documenting the handover of duties and responsibilities

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Telecommunications

Automotive

Energy

Media and Entertainment

Real Estate

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Compliance

People Operations

Employee Relations

Personnel Administration

Corporate Services

Risk Management

Relevant Roles

HR Director

Legal Counsel

HR Manager

HR Business Partner

People Operations Manager

Employment Law Specialist

HR Administrator

Compliance Officer

General Counsel

Chief Human Resources Officer

Personnel Manager

Employee Relations Manager

HR Operations Director

Talent Management Director

Legal Manager

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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