The Mutual Termination of Employment Agreement (Aufhebungsvertrag) is a critical document used in German employment law when both employer and employee agree to end their employment relationship by mutual consent. This approach differs from unilateral termination and often provides more flexibility in terms of timing and conditions. The document is typically used when parties wish to avoid notice periods, when restructuring occurs, or when a mutually beneficial separation is desired. It must comply with German labor law requirements, particularly §623 BGB regarding written form, and typically includes provisions for final settlements, severance payments, reference letters, and ongoing obligations. The agreement offers legal certainty to both parties while potentially avoiding employment litigation, provided it is properly drafted and executed in accordance with German legal requirements.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
Alternatively...
1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment relationship, including start date and current position
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date when the employment relationship will end
5. Final Salary and Benefits: Details of final salary payment, including pro-rated bonuses and outstanding vacation days
6. Company Property: Requirements for returning company property and documents
7. Confidentiality Obligations: Ongoing obligations regarding confidential information
8. Final Settlement: Confirmation that all claims between parties are settled
9. Reference Letter: Agreement to provide a reference letter (Arbeitszeugnis) as required by German law
10. Severance Payment: Details of any severance payment, including amount and payment date
11. Tax and Social Security: Clarification regarding tax and social security implications
12. Governing Law: Confirmation that the agreement is governed by German law
1. Garden Leave: Terms of garden leave if applicable during notice period
2. Post-contractual Non-compete: Terms of any continuing non-compete obligations and compensation
3. Continuing Benefits: Any benefits that continue post-termination
4. Works Council Approval: Reference to works council approval where required
5. Company Housing: Arrangements regarding company-provided housing if applicable
6. Stock Options/Share Programs: Treatment of existing stock options or share program participation
7. Outplacement Services: Details of any career transition support provided
8. Legal Costs: Agreement on payment of legal advisory costs
1. Schedule 1: Calculation of Final Payment: Detailed breakdown of final salary, bonus, and severance calculations
2. Schedule 2: Company Property List: Inventory of company property to be returned
3. Schedule 3: Benefits Summary: Summary of benefits and their treatment post-termination
4. Appendix A: Reference Letter Draft: Draft of the agreed reference letter content
5. Appendix B: Handover Protocol: Template for documenting the handover of responsibilities and materials
Authors
Find the document you need
Ending Lease Agreement Letter
A formal letter compliant with German law to terminate a lease agreement, including essential termination details and handover arrangements.
Download
End Of Lease Letter From Landlord To Tenant
A German law-compliant formal letter from landlord to tenant confirming lease termination and outlining end-of-tenancy procedures.
Download
End Of Contract Termination Letter
A German law-compliant letter confirming the natural termination of a fixed-term employment contract, including final arrangements and statutory notices.
Download
Early End Of Contract Letter
A German law-compliant formal letter for early contract termination, including essential termination details and legal requirements.
Download
Rental Contract Termination Letter
A German law-compliant formal notice for terminating a rental agreement, meeting all BGB requirements for valid termination of tenancy.
Download
Letter Of Termination Of Tenancy Agreement By Tenant
A formal notice document under German law for tenants to terminate their lease agreement, complying with BGB requirements for notice periods and written form.
Download
Letter To Cancel A Service Contract
A formal notice under German law to terminate a service contract, ensuring compliance with legal requirements and notice periods.
Download
Contract Discontinuation Letter
A formal notice governed by German law used to terminate an existing contractual relationship, complying with BGB requirements and including essential termination details.
Download
Termination Agreement Of Contract
A German law-governed agreement that mutually terminates an existing contract, settling all rights and obligations between the parties.
Download
Early Lease Termination Letter Due To Job Relocation
A German law-compliant formal letter requesting early termination of a residential lease due to job relocation, based on BGB provisions.
Download
Contract Release Letter
A German law-governed mutual agreement (Aufhebungsvertrag) between employer and employee to terminate employment relationship, outlining termination terms and conditions.
Download
Mutual Termination Of Employment Agreement
A German law-governed agreement between employer and employee to consensually terminate employment relationship, setting out termination terms and mutual obligations.
Download
Letter Of Revocation Of Contract
A formal document under German law used to exercise the right of contract revocation (Widerrufsrecht), commonly used in consumer and distance selling contracts.
Download
Distribution Agreement Termination Letter
A German law-compliant formal letter terminating a distribution agreement, addressing termination terms and post-termination obligations.
Download
Intent To Terminate Contract Letter
A formal notice under German law communicating the intention to terminate an existing contract, including termination date and relevant contractual provisions.
Download
Agreement Cancellation Letter
A formal letter governed by German law that officially terminates an existing contractual agreement between parties, ensuring compliance with German Civil Code requirements.
Download
Terminate Employment Letter
A formal letter compliant with German labor law that officially terminates an employment relationship, including necessary termination details and legal requirements.
Download
Termination Of Employment Letter Within Probationary Period
A formal letter compliant with German labor law for terminating employment during the probationary period, typically with two weeks' notice.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
