The Dismissal Letter For Absenteeism is a crucial document in German employment law used when terminating employment relationships due to unauthorized or excessive absences. It is typically issued after previous warnings have been given and when the employee's absence pattern has become unacceptable to the point of justifying termination under German labor law. The document must comply with the strict requirements of the Kündigungsschutzgesetz (Protection Against Dismissal Act) and related legislation, including proper documentation of absences, previous warnings, and consultation with works councils where applicable. This formal notice must include specific details about the grounds for termination, notice periods, and final settlement arrangements.
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1. Sender Details: Company name, address, and contact information as per German business letter format
2. Recipient Details: Employee's full name and address
3. Date: Date of the dismissal letter
4. Subject Line: Clear indication that this is a termination notice (Kündigung)
5. Declaration of Termination: Clear and unambiguous statement of employment termination
6. Notice Period: Specification of the notice period and last working day
7. Grounds for Dismissal: Detailed description of unauthorized absences with specific dates and circumstances
8. Return of Company Property: Request for return of all company property
9. Final Payment Information: Information about final salary payment and outstanding vacation days
10. Signature: Authorized representative's signature
1. Reference to Previous Warnings: Include when prior written warnings were issued for absences
2. Works Council Consultation: Reference to works council consultation if applicable
3. Alternative Position Consideration: Statement about consideration of alternative positions when required by law
4. Holiday Pay Settlement: Include if there are outstanding holiday entitlements to be settled
5. Social Plan Reference: Include if a social plan exists in the company that affects the termination
1. Absence Documentation: Record of unauthorized absences with dates and attempts to contact
2. Previous Warnings: Copies of previous written warnings related to attendance
3. Medical Certificate Requests: Documentation of requests for medical certificates and responses
4. Handover Protocol: List of company property to be returned and process for handover
5. Final Settlement Calculation: Detailed calculation of final payment including all outstanding amounts
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