Dismissal Notice Letter for Germany

Dismissal Notice Letter Template for Germany

A German Dismissal Notice Letter (Kündigungsschreiben) is a formal document used to terminate an employment relationship in accordance with German labor law. The document must comply with strict statutory requirements under the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). It requires clear and unambiguous language stating the termination intention, specific notice periods, and the exact termination date. The letter must be in written form (not electronic) and signed by an authorized representative of the employer. When applicable, it must also reference works council consultation and consider special protection regulations for certain employee groups.

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What is a Dismissal Notice Letter?

The Dismissal Notice Letter is a crucial document in German employment law, used to formally terminate employment relationships. It must strictly comply with German labor law requirements, including the Civil Code (BGB) and Protection Against Dismissal Act (KSchG). The document is necessary when ending employment relationships, whether through ordinary termination with notice period or immediate termination for cause. Key contents include the explicit termination declaration, notice period, last working day, and any relevant special provisions. The letter must be delivered in physical form with an original signature, as electronic delivery is not legally valid in Germany. Special attention must be paid to works council rights, protection against dismissal regulations, and specific notice periods based on employment duration. The document's format and content can vary depending on the termination type (ordinary vs. extraordinary dismissal) and specific circumstances of the employment relationship.

What sections should be included in a Dismissal Notice Letter?

1. Header with Full Address Details: Complete company details and employee's full address

2. Date: Current date of the dismissal notice

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

4. Clear Statement of Termination: Unambiguous declaration of employment contract termination

5. Notice Period and End Date: Specific mention of the notice period and the exact last day of employment

6. Return of Company Property: Request for return of all company property by the end date

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

8. Signature Block: Space for authorized signatory's signature and company stamp if applicable

What sections are optional to include in a Dismissal Notice Letter?

1. Garden Leave Clause: Used when the employee is to be placed on garden leave during the notice period

2. Reference to Severance Package: Include when a severance payment has been agreed upon

3. Works Council Reference: Required when works council was consulted regarding the termination

4. Reference Letter Mention: Optional offer to provide a reference letter (Arbeitszeugnis)

5. Reason for Termination: Include only in cases of termination for cause or when strategically advisable

6. Non-Compete Reminder: Include if there are post-employment restrictions in the original contract

What schedules should be included in a Dismissal Notice Letter?

1. Calculation of Outstanding Payments: Detailed breakdown of final payment including salary, vacation days, and other benefits

2. Company Property List: Itemized list of company property to be returned

3. Severance Agreement: If applicable, details of any severance package offered

4. Works Council Opinion: If applicable, documentation of works council consultation

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
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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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