The General Termination Letter is a crucial document in German employment law, used to formally terminate employment relationships in compliance with German legal requirements. This document must strictly adhere to the formal requirements set forth in the German Civil Code (BGB) and the Protection Against Dismissal Act (Kündigungsschutzgesetz). It's essential for employers to use this template when initiating a standard termination of employment, ensuring all legal requirements are met, including proper notice periods, written form requirements, and works council consultation where applicable. The General Termination Letter must be provided in written form with an original signature, as electronic versions are not legally valid under German law. The document serves as official documentation of the termination and helps protect both employer and employee rights during the termination process.
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1. Sender Details: Full company name, address, and other contact details of the employer
2. Recipient Details: Employee's full name and address
3. Date: Date of the termination letter (crucial for notice period calculations)
4. Subject Line: Clear indication that this is a termination notice (Kündigung)
5. Termination Statement: Clear and unambiguous statement of termination with specific end date
6. Notice Period Reference: Reference to applicable notice period and its calculation
7. Final Working Day: Explicit mention of the last working day
8. Signature Block: Space for authorized representative's signature (must be handwritten under German law)
1. Works Council Reference: Statement confirming works council consultation, required if company has a works council
2. Reason for Termination: Include only if specifically required or if termination is for cause
3. Garden Leave: Instructions regarding garden leave if applicable
4. Company Property Return: Instructions for returning company property, if applicable
5. Outstanding Holiday: Reference to remaining vacation days and their handling
6. Reference Letter: Mention of the forthcoming employment reference letter
7. Severance Offer: Include if a severance package is being offered
8. Non-Compete Reminder: Reference to existing post-contractual non-compete obligations if applicable
1. Calculation of Outstanding Payments: Detailed breakdown of final salary, vacation pay, and other outstanding payments
2. Company Property List: Itemized list of company property to be returned
3. Handover Documentation: List of projects, responsibilities, and tasks to be handed over before departure
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