The Attendance Termination Letter is a crucial document in German employment law, used when an employer needs to terminate an employment relationship due to persistent attendance issues. This document must strictly comply with German labor law requirements, including proper notice periods under the German Civil Code (BGB) and justification requirements under the Protection Against Dismissal Act (KSchG). The letter should reference previous warnings (Abmahnungen) and document specific attendance violations. It must be precisely worded to withstand potential legal scrutiny in German labor courts and include mandatory consultations with works councils where applicable. The Attendance Termination Letter serves as official documentation of the termination decision and its grounds, making it essential for both legal compliance and potential future proceedings.
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1. Header Information: Company letterhead, date, and recipient's contact details
2. Subject Line: Clear indication that this is a termination notice (Kündigungsschreiben)
3. Termination Statement: Clear and unambiguous statement of employment termination, including the effective date and notice period in accordance with German law
4. Grounds for Termination: Brief explanation of attendance-related issues leading to termination, including specific dates and incidents
5. Prior Warnings: Reference to previous warnings (Abmahnungen) issued regarding attendance problems
6. Return of Company Property: Instructions regarding the return of company property and final arrangements
7. Signature Block: Authorized representative's signature and company details
1. Works Council Reference: Statement confirming works council consultation, required if a works council exists
2. Garden Leave: Information about garden leave (Freistellung) if applicable during the notice period
3. Final Settlement Details: Information about final salary, vacation days, and other outstanding payments if being addressed in the termination letter
4. Reference Letter: Information about the provision of a reference letter (Arbeitszeugnis), if being addressed in the termination letter
1. Attendance Record: Detailed documentation of attendance violations and unauthorized absences
2. Warning Letters: Copies of previous written warnings related to attendance issues
3. Medical Certificate Requirements: Documentation of any failure to provide required medical certificates
4. Handover Protocol: List of company property to be returned and associated procedures
Relevant legal definitions
Abmahnung (Warning Notice)
Arbeitszeugnis (Reference Letter)
Betriebsrat (Works Council)
Freistellung (Garden Leave)
Kündigungsfrist (Notice Period)
Krankenschein/Arbeitsunfähigkeitsbescheinigung (Medical Certificate)
Fehlzeit (Absence Period)
Unentschuldigtes Fehlen (Unexcused Absence)
Arbeitsvertrag (Employment Contract)
Kündigungstermin (Termination Date)
Auslauffrist (End Date of Employment)
Resturlaub (Remaining Vacation Days)
Übergabeprotokoll (Handover Protocol)
Betriebliche Arbeitszeitregelung (Company Working Time Policy)
Arbeitszeugnis (Reference Letter)
Betriebsrat (Works Council)
Freistellung (Garden Leave)
Kündigungsfrist (Notice Period)
Krankenschein/Arbeitsunfähigkeitsbescheinigung (Medical Certificate)
Fehlzeit (Absence Period)
Unentschuldigtes Fehlen (Unexcused Absence)
Arbeitsvertrag (Employment Contract)
Kündigungstermin (Termination Date)
Auslauffrist (End Date of Employment)
Resturlaub (Remaining Vacation Days)
Übergabeprotokoll (Handover Protocol)
Betriebliche Arbeitszeitregelung (Company Working Time Policy)
Clauses
Notice of Termination
Grounds for Termination
Notice Period
Prior Warnings Reference
Works Council Consultation
Company Property Return
Final Settlement
Confidentiality
Non-Disclosure
Reference Letter
Data Protection
Garden Leave
Handover Requirements
Outstanding Obligations
Final Working Day
Holiday Entitlement
Post-Employment Duties
Grounds for Termination
Notice Period
Prior Warnings Reference
Works Council Consultation
Company Property Return
Final Settlement
Confidentiality
Non-Disclosure
Reference Letter
Data Protection
Garden Leave
Handover Requirements
Outstanding Obligations
Final Working Day
Holiday Entitlement
Post-Employment Duties
Relevant Industries
Manufacturing
Retail
Services
Healthcare
Information Technology
Construction
Hospitality
Education
Transportation
Financial Services
Public Sector
Logistics
Telecommunications
Relevant Teams
Human Resources
Legal
Operations
Management
Administration
Compliance
Employee Relations
Relevant Roles
HR Manager
HR Director
Personnel Administrator
Department Head
Line Manager
Operations Manager
HR Business Partner
Legal Counsel
Compliance Officer
Employee Relations Manager
HR Operations Manager
Managing Director
Office Manager
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