The End of Service Agreement (Aufhebungsvertrag) is a crucial document in German employment law, used when an employer and employee mutually agree to terminate their employment relationship. This document is particularly relevant in situations involving restructuring, voluntary departures, or negotiated exits, providing a legally compliant framework for employment termination. The agreement must comply with German labor laws, including the Civil Code (BGB), Protection Against Dismissal Act (KSchG), and Works Constitution Act (BetrVG). It typically includes provisions for severance payments, final salary settlements, benefit arrangements, ongoing confidentiality obligations, and release of claims. The document also addresses specific German legal requirements such as the mandatory qualified reference letter (Qualifiziertes Arbeitszeugnis) and data protection obligations under GDPR.
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1. Parties: Identification of the employer and employee, including 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 Date: Specific date when employment relationship ends and confirmation of notice periods
5. Final Salary and Benefits: Details of final regular salary payment, including pro-rated amounts and outstanding benefits
6. Severance Payment: Amount, calculation basis, and payment terms of any severance compensation
7. Release of Claims: Mutual release of employment-related claims, subject to German law restrictions
8. Confidentiality Obligations: Ongoing duties regarding company confidential information
9. Reference Letter: Commitment to provide a qualified employment reference letter (Qualifiziertes Arbeitszeugnis)
10. Tax Treatment: Tax handling of payments and benefits under German tax law
11. Final Provisions: Governing law, jurisdiction, and standard boilerplate clauses
1. Non-Compete Obligations: Post-employment competition restrictions, used when required by position and including mandatory compensation under German law
2. Ongoing Projects Handover: Process for transferring work responsibilities, used for management or project-critical roles
3. Company Property: Detailed provisions for returning company assets, used when employee has significant company property
4. Pension and Insurance: Special provisions regarding company pension schemes or insurance benefits, used when applicable
5. Garden Leave: Terms of any garden leave period, used when employee is placed on paid leave before termination
6. Outplacement Support: Details of any career transition services offered, used when part of severance package
7. Share Options/Awards: Treatment of outstanding equity compensation, used when employee has share-based compensation
8. Post-Employment Cooperation: Terms for assistance in legal proceedings or knowledge transfer, used for senior positions
1. Schedule 1 - Outstanding Payments Calculation: Detailed breakdown of final salary, benefits, and severance calculations
2. Schedule 2 - Company Property Register: Itemized list of company assets to be returned
3. Schedule 3 - Benefit Continuation Details: Specific terms of any continued benefits post-termination
4. Schedule 4 - Share Options Statement: Status and treatment of outstanding share options or awards
5. Appendix A - Data Privacy Notice: GDPR-compliant information about post-employment data handling
6. Appendix B - Reference Letter Draft: Agreed form of employment reference letter
Relevant legal definitions
Agreement
Company
Confidential Information
Effective Date
Employee
Employment Contract
Final Settlement Date
Garden Leave
Group Companies
Intellectual Property Rights
Notice Period
Outstanding Benefits
Parties
Reference Letter
Release Date
Restricted Information
Severance Payment
Termination Date
Trade Secrets
Works Council
Company Property
Outstanding Claims
Business Day
Qualifying Service Period
Social Security Contributions
Variable Compensation
Share Options
Bonus Entitlements
Professional Reference
Company
Confidential Information
Effective Date
Employee
Employment Contract
Final Settlement Date
Garden Leave
Group Companies
Intellectual Property Rights
Notice Period
Outstanding Benefits
Parties
Reference Letter
Release Date
Restricted Information
Severance Payment
Termination Date
Trade Secrets
Works Council
Company Property
Outstanding Claims
Business Day
Qualifying Service Period
Social Security Contributions
Variable Compensation
Share Options
Bonus Entitlements
Professional Reference
Clauses
Termination
Severance Payment
Final Compensation
Release of Claims
Confidentiality
Non-Competition
Non-Solicitation
Company Property Return
Reference Letter
Data Protection
Tax Indemnity
Social Security
Pension Rights
Share Options
Bonus Entitlements
Garden Leave
Ongoing Obligations
Handover of Duties
Legal Costs
Governing Law
Jurisdiction
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Notices
Counterparts
Severance Payment
Final Compensation
Release of Claims
Confidentiality
Non-Competition
Non-Solicitation
Company Property Return
Reference Letter
Data Protection
Tax Indemnity
Social Security
Pension Rights
Share Options
Bonus Entitlements
Garden Leave
Ongoing Obligations
Handover of Duties
Legal Costs
Governing Law
Jurisdiction
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Notices
Counterparts
Relevant Industries
Financial Services
Technology
Manufacturing
Professional Services
Healthcare
Retail
Telecommunications
Automotive
Energy
Construction
Media and Entertainment
Pharmaceuticals
Education
Logistics
Real Estate
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Production
Quality Assurance
Customer Service
Administration
Business Development
Strategy
Corporate Communications
Relevant Roles
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Project Manager
Software Developer
Financial Controller
Sales Representative
HR Manager
Operations Manager
Marketing Director
Account Manager
Research Scientist
Production Supervisor
Administrative Assistant
Technical Specialist
Business Analyst
Legal Counsel
Product Manager
Quality Assurance Engineer
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