The Employment Release Agreement (Aufhebungsvertrag) is a crucial document in German employment law, used when both employer and employee agree to terminate their employment relationship by mutual consent. This approach differs from unilateral termination and offers advantages in terms of legal certainty and flexibility in determining the separation terms. The document becomes necessary in various scenarios, including corporate restructuring, amicable separations, or as an alternative to contentious dismissals. It must comply with German labor law requirements, particularly the Civil Code (BGB) and Protection Against Dismissal Act (KSchG), while addressing all financial, practical, and legal aspects of the employment termination. The agreement typically includes provisions for severance payments, final benefits settlement, confidentiality obligations, and reference letters, providing a comprehensive framework for employment termination that protects both parties' interests.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
Alternatively...
1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and mutual decision to terminate
3. Definitions: Key terms used throughout the agreement
4. Termination of Employment: Clear statement of mutual agreement to terminate, specifying the effective date
5. Final Salary and Benefits: Details of final regular salary payment and treatment of outstanding benefits
6. Severance Payment: Amount, calculation basis, and payment terms of any severance payment
7. Company Property: Requirements and timeline for returning company property
8. Confidentiality Obligations: Ongoing confidentiality obligations post-employment
9. Reference Letter: Commitment to provide a reference letter (Arbeitszeugnis) and its basic terms
10. Release of Claims: Mutual release of claims related to the employment relationship
11. Final Settlement: Confirmation that the agreement represents full and final settlement
12. Governing Law: Specification of German law as governing law
13. Severability: Standard clause on the validity of remaining provisions if others are invalid
1. Garden Leave: Used when employee is to be released from duty before termination date
2. Post-Contractual Non-Compete: Include when maintaining or modifying existing non-compete obligations
3. Continued Benefits: When certain benefits will continue post-employment
4. Works Council Agreement: Required when works council exists and has been involved in the termination
5. Company Housing: Include when employee has been provided with company housing
6. Stock Options/Share Plans: Treatment of existing equity compensation plans
7. Outplacement Services: When company provides career transition support
8. Insurance Continuation: Details of any continued insurance coverage
9. References and Communications: Agreed approach to external and internal communications about the departure
1. Schedule 1 - Severance Calculation: Detailed calculation of severance payment including any bonus pro-ration
2. Schedule 2 - Company Property Inventory: List of company property to be returned
3. Schedule 3 - Outstanding Benefits: Detailed list of accrued but unused vacation days and other benefits
4. Schedule 4 - Reference Letter Draft: Agreed form of reference letter
5. Schedule 5 - Handover Plan: Timeline and responsibilities for knowledge transfer and handover
Authors
Find the document you need
Termination Of Distributorship
A German law-governed agreement that formalizes the termination of a distribution relationship, addressing statutory compensation requirements and transition arrangements.
Download
Termination By Agreement
A German law-compliant mutual agreement between employer and employee to terminate employment, documenting termination terms and conditions.
Download
Termination Of Commercial Lease
A German law-compliant agreement for terminating commercial lease arrangements, addressing property handover and financial settlements under BGB regulations.
Download
Surrender Of Tenancy Agreement
A German law-compliant agreement for the mutual early termination of a lease, documenting surrender terms and conditions under BGB regulations.
Download
Termination Of Contract Due To Non Performance
A formal contract termination notice under German law (BGB) due to substantial non-performance, outlining breaches and termination consequences.
Download
Termination Without Cause Commercial Contract
A German law-governed agreement for terminating commercial contracts without cause, including notice periods and post-termination obligations.
Download
Termination Of Business Relationship
A German law-governed agreement for the formal termination of a business relationship, addressing wind-down procedures and post-termination obligations.
Download
Rental Lease Termination Letter
A formal notice under German law to terminate a rental lease agreement, requiring written form and specific notice periods as per BGB regulations.
Download
Lease Break Agreement
A German law-governed agreement that formally documents the mutual consent to terminate a lease early, outlining termination terms and conditions in compliance with the German Civil Code (BGB).
Download
End Of Service Contract
A German law-compliant mutual agreement document (Aufhebungsvertrag) that formally terminates an employment relationship, outlining termination terms and final settlements.
Download
Cancellation Agreement
A German law mutual agreement between employer and employee to terminate employment, setting out termination terms and conditions.
Download
Rental Contract Cancellation
A formal notice under German law to terminate a rental agreement between landlord and tenant, complying with BGB requirements and specifying termination terms.
Download
Termination Of Sales Representative Agreement
German law agreement for terminating a sales representative relationship, including statutory compensation claims and post-contractual obligations.
Download
Termination Of Sales Contract
A German law-governed document that formally terminates a sales contract between parties, addressing termination terms and outstanding obligations under BGB requirements.
Download
Employment Release Agreement
A German law-governed mutual agreement between employer and employee that formally terminates an employment relationship, outlining termination terms and mutual obligations.
Download
Termination Of Rental Agreement
A German law-governed document that formally terminates a rental agreement between landlord and tenant, complying with BGB requirements and local regulations.
Download
Cancellation Of Rental Agreement
A German law-compliant document that formally terminates a rental agreement between landlord and tenant, outlining termination terms and settlement procedures.
Download
Termination Of Supplier Contract
German law-compliant template for terminating supplier contracts, incorporating BGB and HGB requirements.
Download
Cancellation Of Rent Agreement Letter
A formal notice document under German law for terminating a rental agreement between tenant and landlord, complying with BGB requirements.
Download
Letter To Cancel Service Contract
A formal notice under German law to terminate an existing service contract, including essential termination details and complying with German legal requirements.
Download
Lease Surrender Agreement
A German law agreement documenting the mutual termination of a lease before its original expiry date, setting out surrender terms and releases between landlord and tenant.
Download
Contract Cancellation Agreement
A German law agreement that formally terminates an existing contract by mutual consent, setting out termination terms and conditions.
Download
Mutual Termination Agreement
A German law-governed Mutual Termination Agreement (Aufhebungsvertrag) for consensual termination of employment, addressing all required legal and practical aspects of employment separation.
Download
Employee Exit Agreement
A German law-compliant agreement documenting the mutual termination of employment, including separation terms and financial settlements.
Download
Termination Of Employment Contract
A German law-compliant document that formally terminates an employment relationship, incorporating required notice periods and settlement terms under German employment legislation.
Download
End Of Contract Letter To Employee
A legally compliant German employment contract termination letter confirming the end date of employment and outlining final arrangements between employer and employee.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
