At Will Termination Letter for Germany

At Will Termination Letter Template for Germany

A formal employment termination letter compliant with German labor law requirements. This document serves as the official notice of employment termination, providing all legally required information including notice periods, final working day, and other mandatory elements under German employment law. Unlike US-style at-will termination, this document must comply with strict German statutory requirements including proper notice periods, written form requirements, and social justification for termination as per the Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz) and relevant sections of the German Civil Code (Bürgerliches Gesetzbuch).

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What is a At Will Termination Letter?

While termed an "At Will Termination Letter," this document must be significantly modified for use in Germany, as German law does not recognize the concept of at-will employment. Instead, this document serves as a formal termination notice that must comply with strict German labor law requirements. It is used when an employer wishes to terminate an employment relationship and must include specific elements required by German law, such as explicit termination language, notice periods as prescribed by the German Civil Code, and adherence to formal requirements like written form and proper signature. The document should be used only after ensuring compliance with German employment protection legislation, including consultation with works councils where applicable, and confirmation that the termination meets legal justification requirements. This letter forms part of the formal documentation required for legal employment termination in Germany.

What sections should be included in a At Will Termination Letter?

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 Statement: Explicit statement of employment termination with reference to the employment contract

5. Notice Period: Specification of the notice period and the resulting final working day

6. Return of Company Property: Request for return of all company property

7. Final Payment Information: Reference to final salary payment and outstanding vacation days

8. Signature Block: Space for authorized representative's signature (must be hand-signed in blue ink per German law)

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

1. Garden Leave: Section releasing employee from duty to work during notice period, if applicable

2. Reference Letter: Mention of the upcoming provision of a reference letter (Arbeitszeugnis)

3. Severance Offer: If applicable, details of any severance payment being offered

4. Non-Compete Reminder: If employment contract contained non-compete clauses, reminder of these obligations

5. Works Council Reference: Reference to works council consultation if company has a works council

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

What schedules should be included in a At Will Termination Letter?

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

2. Outstanding Vacation Calculation: Detailed calculation of remaining vacation days and compensation

3. Severance Agreement: If severance is offered, detailed terms and conditions in separate agreement

4. Handover Protocol: Template or checklist for work handover process

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

Cost

Free to use
Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Transportation

Energy

Telecommunications

Media

Real Estate

Consumer Goods

Industrial

Agriculture

Mining

Entertainment

Non-Profit

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations Management

Personnel Administration

Employee Relations

Corporate Services

Risk Management

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Managing Director

Department Head

Line Manager

HR Business Partner

Compliance Officer

Personnel Administrator

Chief Human Resources Officer

Employment Law Specialist

Operations Manager

General Manager

Regional Manager

Branch 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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