The Letter of Termination of Employment (Kündigungsschreiben) is a crucial document in German employment law that formally ends an employment relationship. It must be used whenever an employer wishes to terminate an employee's contract, or in cases of mutual agreement to end employment. The document must strictly comply with German legal requirements, including the Protection Against Dismissal Act (Kündigungsschutzgesetz) and relevant sections of the German Civil Code (BGB). It must be delivered in written form with an original signature, specify clear termination dates, and observe statutory notice periods. Special considerations apply for protected categories of employees, companies with works councils, and specific circumstances such as mass redundancies. The document's validity depends on meeting all formal requirements and including all mandatory information as prescribed by German employment law.
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1. Header Information: Full company details and employee's address
2. Date: Current date when the termination letter is issued
3. Subject Line: Clear indication that this is a termination notice (Kündigung des Arbeitsverhältnisses)
4. Clear Statement of Termination: Unambiguous declaration of employment termination
5. Termination Date: Specific end date of employment, considering notice period requirements
6. Notice Period Reference: Reference to applicable notice period according to employment contract or law
7. Signature Block: Space for employer's signature (must be hand-signed with blue ink)
1. Garden Leave: Used when employee is to be released from duty during notice period (Freistellung)
2. Outstanding Vacation Days: Reference to remaining vacation days and how they will be handled
3. Company Property Return: List of company items to be returned, if applicable
4. Final Payment Details: Information about final salary payment and other outstanding payments
5. Reference Letter: Mention of the forthcoming work reference letter (Arbeitszeugnis)
6. Non-Compete Reminder: If applicable, reminder of existing non-compete obligations
7. Works Council Reference: Required if works council was consulted, stating their position
1. Calculation of Outstanding Payments: Detailed breakdown of final payment including salary, vacation days, and other benefits
2. Company Property Checklist: List of company property to be returned with condition notes
3. Works Council Statement: If applicable, attached statement from works council regarding the termination
4. Handover Documentation: List of ongoing projects and responsibilities requiring handover
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