The Immediate Dismissal Letter (außerordentliche Kündigung) is a crucial document in German employment law, used when serious misconduct or circumstances make it unreasonable for either party to continue the employment relationship until the regular notice period expires. It is governed primarily by §626 of the German Civil Code (BGB) and must be issued within two weeks of discovering the grounds for termination. This document is used in cases of severe breaches of trust, serious misconduct, criminal activities, or other significant violations that fundamentally undermine the employment relationship. The letter must contain specific details about the grounds for dismissal, be in written form, and comply with all legal requirements, including works council consultation where applicable. Given its immediate effect and serious implications, it requires thorough documentation and often involves legal consultation to ensure validity.
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1. Formal Header and Address Block: Company letterhead, date, employee's full name and address
2. Subject Line: Clear indication that this is an immediate termination of employment (Außerordentliche Kündigung)
3. Statement of Termination: Explicit declaration of immediate termination with reference to §626 BGB
4. Grounds for Termination: Detailed description of the serious misconduct or circumstances justifying immediate dismissal
5. Date of Termination: Clear statement of when the employment relationship ends (immediate effect)
6. Formal Closing: Signature block with authorized representative's details and company stamp
1. Garden Leave: Used when employee is to be released from duty during notice period or any remaining time
2. Company Property: Instructions for returning company property, if applicable
3. Final Payment Information: Details about final salary, vacation pay, and other compensation if needed
4. Non-Compete Reminder: Reference to existing non-compete obligations, if applicable
5. Works Council Reference: Confirmation of works council consultation, if company has one
6. Legal Rights Notice: Information about employee's right to challenge the dismissal
1. Evidence Documentation: Copies of relevant evidence supporting the grounds for dismissal
2. Incident Reports: Any formal documentation of incidents leading to termination
3. Prior Warnings: Copies of any previous relevant warnings issued to the employee
4. Handover Protocol: List of projects, responsibilities, and items to be handed over
5. Final Account Statement: Detailed breakdown of final payment calculations
Relevant legal definitions
Employment Agreement
Effective Date of Termination
Company Property
Confidential Information
Works Council
Serious Cause (wichtiger Grund)
Notice Period
Employment Relationship
Gross Misconduct
Final Settlement
Garden Leave
Company Policies
Handover Protocol
Post-Contractual Obligations
Non-Compete Obligations
Professional Secrecy
Data Protection Obligations
Intellectual Property Rights
Company Representative
Authorized Signatory
Effective Date of Termination
Company Property
Confidential Information
Works Council
Serious Cause (wichtiger Grund)
Notice Period
Employment Relationship
Gross Misconduct
Final Settlement
Garden Leave
Company Policies
Handover Protocol
Post-Contractual Obligations
Non-Compete Obligations
Professional Secrecy
Data Protection Obligations
Intellectual Property Rights
Company Representative
Authorized Signatory
Clauses
Termination Declaration
Grounds for Dismissal
Immediate Effect
Works Council Consultation
Company Property Return
Confidentiality Obligations
Data Protection
Post-Employment Restrictions
Final Settlement
Handover Requirements
Legal Rights Notice
Garden Leave
Reference Letter
Non-Compete Reminder
Final Payments
Severance
Professional Secrecy
Document Return
Access Termination
Signature Authority
Grounds for Dismissal
Immediate Effect
Works Council Consultation
Company Property Return
Confidentiality Obligations
Data Protection
Post-Employment Restrictions
Final Settlement
Handover Requirements
Legal Rights Notice
Garden Leave
Reference Letter
Non-Compete Reminder
Final Payments
Severance
Professional Secrecy
Document Return
Access Termination
Signature Authority
Relevant Industries
Manufacturing
Technology
Financial Services
Retail
Healthcare
Professional Services
Construction
Education
Hospitality
Transportation
Energy
Telecommunications
Real Estate
Media and Entertainment
Public Sector
Relevant Teams
Human Resources
Legal
Senior Management
Compliance
Personnel Administration
Employee Relations
Corporate Governance
Relevant Roles
HR Manager
HR Director
Legal Counsel
Managing Director
CEO
Department Head
HR Business Partner
Compliance Officer
Personnel Administrator
Employment Law Specialist
HR Operations Manager
Chief Legal Officer
General Counsel
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