The Job Release Letter (Aufhebungsvertrag) is a crucial document in German employment law used when both employer and employee agree to terminate the employment relationship by mutual consent. This approach offers advantages over unilateral termination, providing flexibility in setting the termination date and conditions while potentially avoiding notice periods and dismissal protection regulations. The document is particularly useful in situations involving amicable separations, corporate restructuring, or when both parties wish to negotiate terms different from standard termination procedures. It must be carefully drafted to comply with German labor law requirements, including clear specifications about final payments, benefit arrangements, and post-employment obligations. The document typically includes provisions for severance payments (if applicable), return of company property, confidentiality obligations, and the issuance of a reference letter (Arbeitszeugnis).
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1. Header Information: Company letterhead, date, and employee's contact details
2. Subject Line: Clear indication that this is a mutual termination agreement (Aufhebungsvertrag)
3. Employment Details Reference: Reference to the existing employment contract, position, and start date
4. Termination Agreement: Clear statement of mutual agreement to end employment and the effective termination date
5. Final Salary and Benefits: Details of final salary payment, including any pro-rated amounts and outstanding vacation days
6. Company Property Return: List of company property to be returned and deadline
7. Confidentiality Obligations: Reminder of ongoing confidentiality obligations
8. Reference Letter: Confirmation that the employer will provide a reference letter
9. Final Release: Mutual release of claims related to the employment relationship
10. Signatures: Space for dated signatures of both parties
1. Garden Leave: Used when employee is released from duty but remains on payroll until termination date
2. Severance Payment: Include when a severance package is being offered, specifying amount and payment terms
3. Non-Competition: Used when reinforcing or modifying existing non-compete obligations
4. Outplacement Services: Include when company is offering career transition support
5. Works Council Reference: Required when works council was involved in the termination process
6. Benefits Continuation: Used when extending certain benefits beyond termination date
7. Stock Options/Variable Compensation: Include when addressing outstanding equity compensation or bonus arrangements
1. Calculation Sheet: Detailed breakdown of final payment including salary, vacation days, and any severance
2. Company Property List: Itemized list of company property to be returned
3. Benefits Summary: Overview of benefit termination dates and any continuation options
4. Reference Letter Draft: Draft of the agreed reference letter text, if pre-agreed
Relevant legal definitions
Agreement
Company
Employee
Effective Date
Termination Date
Final Settlement
Severance Payment
Confidential Information
Company Property
Employment Contract
Reference Letter
Works Council
Garden Leave Period
Outstanding Vacation Days
Final Salary Payment
Variable Compensation
Social Security Contributions
Release of Claims
Post-Contractual Obligations
Arbeitszeugnis
Company
Employee
Effective Date
Termination Date
Final Settlement
Severance Payment
Confidential Information
Company Property
Employment Contract
Reference Letter
Works Council
Garden Leave Period
Outstanding Vacation Days
Final Salary Payment
Variable Compensation
Social Security Contributions
Release of Claims
Post-Contractual Obligations
Arbeitszeugnis
Clauses
Mutual Termination Agreement
Effective Date
Final Payment
Severance
Benefits Termination
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Reference Letter
Release of Claims
Final Settlement
Outstanding Vacation
Garden Leave
Post-Employment Obligations
Data Protection
Social Security
Taxation
Works Council Approval
Governing Law
Severability
Full and Final Settlement
Amendment
Notices
Effective Date
Final Payment
Severance
Benefits Termination
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Reference Letter
Release of Claims
Final Settlement
Outstanding Vacation
Garden Leave
Post-Employment Obligations
Data Protection
Social Security
Taxation
Works Council Approval
Governing Law
Severability
Full and Final Settlement
Amendment
Notices
Relevant Industries
Technology
Manufacturing
Financial Services
Professional Services
Healthcare
Retail
Telecommunications
Energy
Construction
Education
Automotive
Pharmaceuticals
Media and Entertainment
Real Estate
Logistics and Transportation
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Production
Customer Service
Administration
Compliance
Strategy
Business Development
Relevant Roles
Chief Executive Officer
Managing Director
Department Manager
Senior Software Engineer
Financial Controller
Sales Representative
Marketing Manager
HR Business Partner
Operations Manager
Project Manager
Account Executive
Research Scientist
Production Supervisor
Administrative Assistant
Technical Lead
Business Analyst
Legal Counsel
Product Manager
Customer Service Representative
Regional Manager
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