Notice Of Separation Letter for Germany

Notice Of Separation Letter Template for Germany

A Notice of Separation Letter (Kündigungsschreiben) is a formal document used in German employment law to terminate an employment relationship. The document must comply with strict German labor law requirements, including specific notice periods, formal requirements, and mandatory content. It serves as official documentation of employment termination, outlining the termination date, notice period, and other relevant details such as final payments and company property return. Under German law, this document must be in written form and signed by an authorized representative of the employer to be legally valid.

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What is a Notice Of Separation Letter?

The Notice of Separation Letter is a crucial document in German employment relationships, used to formally terminate employment contracts in accordance with German labor law. This document must comply with the German Civil Code (BGB) and the Protection Against Unfair Dismissal Act (KSchG), among other relevant legislation. It is typically used when either the employer initiates termination or when there is a mutual agreement to end the employment relationship. The Notice of Separation Letter must include specific elements such as clear termination statement, notice period, last working day, and must be delivered in written form. The document's format and content are particularly important in Germany due to strict employment protection laws and potential legal scrutiny. Proper preparation and delivery of this document are essential to ensure legal compliance and minimize the risk of wrongful termination claims.

What sections should be included in a Notice Of Separation Letter?

1. Company Letterhead and Date: Official company letterhead with full legal entity name, address, and current date

2. Employee Information: Full name and address of the employee

3. Subject Line: Clear indication that this is a notice of termination (Kündigung)

4. Termination Statement: Clear and unambiguous statement of employment termination, including the specific termination date and notice period

5. Legal Basis: Reference to relevant employment contract clause and/or legal basis for termination

6. Return of Company Property: List of company property to be returned before the last working day

7. Final Payment Information: Information about final salary, outstanding vacation days, and other compensation

8. Signature Block: Space for authorized representative's signature and company stamp

What sections are optional to include in a Notice Of Separation Letter?

1. Garden Leave Clause: Used when the employee is to be placed on garden leave during the notice period

2. Reference Letter Offer: Mention of providing a reference letter (Arbeitszeugnis) if not sent with termination letter

3. Non-Compete Reminder: Include if the employment contract contains post-contractual non-compete obligations

4. Severance Package: Details of any severance payment offered, if applicable

5. Works Council Notice: Confirmation that works council has been consulted, if company has one

6. Handover Instructions: Specific instructions for handover of duties, if required

7. Outstanding Benefits: Information about continuing benefits or insurance coverage, if applicable

What schedules should be included in a Notice Of Separation Letter?

1. Inventory List: Detailed list of company property to be returned

2. Final Settlement Calculation: Breakdown of final payment including salary, vacation days, and other entitlements

3. Handover Checklist: Detailed list of tasks and responsibilities to be handed over

4. Reference Letter: Arbeitszeugnis (if provided simultaneously with termination notice)

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

Cost

Free to use
Relevant Industries

Banking and Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Telecommunications

Automotive

Energy

Media and Entertainment

Public Sector

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Compliance

Executive Management

Administration

Corporate Governance

Personnel Management

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

HR Administrator

Company Director

Managing Director

Department Head

Office Manager

HR Compliance Officer

Personnel Administrator

Executive Assistant

Chief Human Resources Officer

HR Operations 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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