Dismissal Notice for Germany

Dismissal Notice Template for Germany

A dismissal notice (Kündigungsschreiben) is a formal written document required under German employment law to terminate an employment relationship. It must comply with specific requirements set forth in the German Civil Code (BGB) and the Protection Against Dismissal Act (Kündigungsschutzgesetz). The document must clearly state the intention to terminate the employment relationship, specify the termination date, and observe statutory notice periods. In companies with more than 10 employees, social justification for the termination is required, and if a works council exists, they must be consulted before the dismissal.

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What is a Dismissal Notice?

The Dismissal Notice is a crucial document in German employment law, used when an employer wishes to formally terminate an employment relationship. It must strictly comply with German legal requirements, including the written form requirement under § 623 BGB and, where applicable, the Protection Against Dismissal Act (Kündigungsschutzgesetz). The document serves as official notification of employment termination and must include specific elements such as clear termination intent, notice period, and last working day. In companies with works councils, prior consultation is mandatory. The notice must be signed by authorized representatives and delivered properly to be legally effective. Special considerations apply for protected employees (e.g., pregnant women, severely disabled persons) and in cases of immediate termination for cause.

What sections should be included in a Dismissal Notice?

1. Sender Details: Full company name, address, and authorized representative details

2. Recipient Details: Employee's full name and address

3. Date: Date of issuing the dismissal notice

4. Clear Statement of Termination: Unambiguous declaration of employment termination (Kündigungserklärung)

5. Last Working Day: Specific mention of the last day of employment, considering notice periods

6. Notice Period Reference: Reference to applicable notice period and its calculation

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

8. Signature: Original signature of authorized representative(s)

What sections are optional to include in a Dismissal Notice?

1. Reason for Termination: Include only if specifically required or if it's a termination for cause

2. Garden Leave: Include if employee is to be released from duty during notice period

3. Final Settlement: Include if addressing final salary, vacation days, or other compensation

4. Reference Letter: Include if offering to provide a reference letter

5. Works Council Reference: Include if works council was consulted, mandatory in companies with works councils

6. Severance Offer: Include if offering severance payment

7. Legal Remedy Instructions: Include information about legal remedies (Rechtsmittelbelehrung), recommended especially for larger companies

What schedules should be included in a Dismissal Notice?

1. Works Council Consultation Document: Attach if works council was consulted

2. Calculation of Outstanding Payments: Detailed calculation of final payments, vacation days, etc.

3. Severance Agreement: If severance is offered, attach detailed terms

4. Handover Protocol Template: Template for documenting the return of company property

5. Certificate of Employment: Simple confirmation of employment (einfaches Arbeitszeugnis)

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

Real Estate

Media and Entertainment

Public Sector

Non-Profit Organizations

Agriculture

Automotive

Chemical Industry

Consumer Goods

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Personnel Administration

Employee Relations

Corporate Governance

Risk Management

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Personnel Administrator

Compliance Officer

Managing Director

Department Head

HR Operations Manager

Chief Human Resources Officer

Personnel Development Manager

HR Specialist

Human Resources Generalist

Employee Relations 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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