The Notice of Separation of Employment is a crucial document in German employment law that formally terminates an employment relationship. It must be issued in writing and comply with various legal requirements under German legislation, including the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). This document is used when either the employer initiates termination or when documenting a mutually agreed separation. It must include specific information such as the termination date, notice period, and other legally required elements. The notice triggers various legal obligations including final settlement calculations, return of company property, and the issuance of employment certificates. Special considerations apply for companies with works councils or when dealing with protected employee categories under German law.
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1. Header Information: Company letterhead, date, and formal addressing of the employee with full name and address
2. Subject Line: Clear indication that this is a notice of employment termination (Kündigung des Arbeitsverhältnisses)
3. Termination Declaration: Clear and unambiguous statement of employment termination, including the specific end date of employment
4. Notice Period Reference: Reference to the applicable notice period according to employment contract or law
5. Final Working Day: Explicit mention of the last working day
6. Return of Company Property: Request for return of all company property by the last working day
7. Final Settlement: Information about the final salary payment and settlement of remaining vacation days
8. Reference Letter: Confirmation that a work reference letter (Arbeitszeugnis) will be provided
9. Signature Block: Space for authorized signatory's signature, name, and position
1. Garden Leave: Section releasing employee from duty to work during notice period, if applicable
2. Reason for Termination: Include only if required by law or if termination is for cause
3. Non-Compete Reminder: Reference to existing non-compete obligations, if applicable
4. Severance Offer: Details of any severance payment being offered, if applicable
5. Works Council Reference: Confirmation of works council consultation, if company has a works council
6. Handover Instructions: Specific instructions for handover of duties and ongoing projects
7. Social Insurance Information: Information about unemployment insurance and continuation of social security
1. Inventory List: List of company property to be returned
2. Final Settlement Calculation: Detailed calculation of final payment including salary, vacation days, and other benefits
3. Handover Protocol: Template for documenting the handover of duties and company property
4. Social Insurance Documentation: Forms related to unemployment insurance and social security
5. Exit Checklist: Checklist of tasks to be completed before last working day
Relevant legal definitions
Notice Period (Kündigungsfrist)
Employment Contract (Arbeitsvertrag)
Termination Date (Beendigungstermin)
Last Working Day (Letzter Arbeitstag)
Garden Leave (Freistellung)
Works Council (Betriebsrat)
Company Property (Firmeneigentum)
Reference Letter (Arbeitszeugnis)
Final Settlement (Schlussabrechnung)
Severance Payment (Abfindung)
Handover Protocol (Übergabeprotokoll)
Non-Compete Obligation (Wettbewerbsverbot)
Vacation Days (Urlaubstage)
Social Insurance (Sozialversicherung)
Employment Relationship (Arbeitsverhältnis)
Employment Contract (Arbeitsvertrag)
Termination Date (Beendigungstermin)
Last Working Day (Letzter Arbeitstag)
Garden Leave (Freistellung)
Works Council (Betriebsrat)
Company Property (Firmeneigentum)
Reference Letter (Arbeitszeugnis)
Final Settlement (Schlussabrechnung)
Severance Payment (Abfindung)
Handover Protocol (Übergabeprotokoll)
Non-Compete Obligation (Wettbewerbsverbot)
Vacation Days (Urlaubstage)
Social Insurance (Sozialversicherung)
Employment Relationship (Arbeitsverhältnis)
Clauses
Termination Declaration
Notice Period
Final Working Day
Company Property Return
Confidentiality
Non-Competition
Final Settlement
Holiday Entitlement
Reference Letter
Data Protection
Handover Requirements
Garden Leave
Social Insurance
Outstanding Payments
Post-Employment Obligations
Works Council Consultation
Severance
Release of Claims
Notice Period
Final Working Day
Company Property Return
Confidentiality
Non-Competition
Final Settlement
Holiday Entitlement
Reference Letter
Data Protection
Handover Requirements
Garden Leave
Social Insurance
Outstanding Payments
Post-Employment Obligations
Works Council Consultation
Severance
Release of Claims
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Retail
Professional Services
Education
Construction
Hospitality
Telecommunications
Energy
Transportation
Media and Entertainment
Real Estate
Consumer Goods
Relevant Teams
Human Resources
Legal
Compliance
Senior Management
Operations
Administration
Corporate Services
Employee Relations
Relevant Roles
HR Manager
HR Director
Legal Counsel
Employment Lawyer
HR Business Partner
HR Administrator
Company Director
Managing Director
Department Manager
Office Manager
Personnel Administrator
Compliance Officer
HR Operations Manager
Chief Human Resources Officer
General Counsel
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