Non Compete Release Letter for Germany

Non Compete Release Letter Template for Germany

A formal document governed by German law that releases a former employee from their post-employment non-compete obligations. The document must comply with German Commercial Code (HGB) requirements and clearly specify the scope of the release, effective date, and any surviving obligations. Under German law, particular attention must be paid to the specificity of the release terms and any continuing confidentiality obligations, as these are treated distinctly from non-compete provisions.

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What is a Non Compete Release Letter?

This Non-Compete Release Letter is used when a company decides to waive the post-employment non-compete restrictions previously agreed with an employee. Under German law, non-compete agreements typically require the employer to provide compensation during the restricted period, so releasing an employee can eliminate this financial obligation. The document needs to clearly identify the original agreement being released, specify the effective date of the release, and explicitly state which obligations (if any) survive the release, such as confidentiality commitments. It's particularly relevant when business circumstances change, the competitive landscape shifts, or when enforcing the non-compete is no longer strategically necessary.

What sections should be included in a Non Compete Release Letter?

1. Letterhead and Date: Company letterhead, current date, and reference number if applicable

2. Recipient Details: Former employee's full name and address

3. Reference Line: Clear reference to the original employment agreement and non-compete clause, including dates

4. Salutation: Formal greeting to the recipient

5. Release Statement: Clear and unambiguous statement releasing the employee from their non-compete obligations

6. Effective Date: Specific date from which the release takes effect

7. Surviving Obligations: Statement regarding any obligations that survive the release (e.g., confidentiality)

8. Closing: Formal closing, including space for signature and company details

What sections are optional to include in a Non Compete Release Letter?

1. Consideration: Include if there is any payment or consideration being provided in exchange for the release

2. Mutual Releases: Include if both parties are releasing each other from related obligations

3. Geographic Scope: Include if the release applies to specific geographic areas differently

4. Partial Release: Include if only releasing certain aspects of the non-compete while maintaining others

5. Acknowledgment Request: Include if requiring the employee to countersign and return a copy

What schedules should be included in a Non Compete Release Letter?

1. Original Non-Compete Agreement: Copy of the relevant sections of the original employment contract containing the non-compete provisions

2. Acknowledgment Form: Optional form for the employee to sign and return confirming receipt and acceptance of the release

3. List of Surviving Obligations: Detailed list of any confidentiality or other obligations that remain in effect after the non-compete release

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Pharmaceuticals

Software Development

Management Consulting

Research and Development

Healthcare

Telecommunications

Relevant Teams

Legal

Human Resources

Executive Leadership

Sales

Research & Development

Product Development

Business Development

Operations

Finance

Information Technology

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Senior Software Engineer

Research Director

Business Development Manager

Senior Consultant

Product Manager

Regional Sales Manager

Technical Lead

Senior Account Manager

Head of Research

Vice President of Operations

Chief Financial Officer

Senior Project Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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