Probation Termination Letter Template for Germany

A Probation Termination Letter (Kündigung während der Probezeit) is a formal document used in German employment law to terminate an employment relationship during the probationary period. The document must comply with German labor law requirements, particularly §622 BGB regarding notice periods and §623 BGB regarding written form requirements. It serves as official notification of employment termination, typically requiring two weeks' notice during the probation period, and must be delivered in written form with an original signature. The letter needs to clearly state the termination decision and the final working day, while maintaining compliance with German employment law provisions.

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What is a Probation Termination Letter?

The Probation Termination Letter is a crucial document in German employment relations, used when an employer decides to end an employment relationship during the probationary period (typically up to 6 months). This document is governed by German labor law, particularly the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). It must be issued in writing and typically provides two weeks' notice. While reasons for termination generally don't need to be stated during the probation period, the letter must clearly communicate the termination decision and specify the last working day. The document is particularly important as it represents the formal end of the employment relationship and must meet specific legal requirements to be valid under German law.

What sections should be included in a Probation Termination Letter?

1. Letterhead: Company details including full legal name, address, and contact information

2. Employee Address: Full name and current address of the employee

3. Date: Current date of the letter issuance

4. Subject Line: Clear indication that this is a termination during probation period (Kündigung während der Probezeit)

5. Termination Declaration: Clear and unambiguous statement of termination of employment during probation period

6. Last Working Day: Specific mention of the last working day, taking into account the notice period (typically 2 weeks during probation)

7. Signature: Original signature of authorized representative (as per § 623 BGB, must be handwritten)

What sections are optional to include in a Probation Termination Letter?

1. Reason Statement: While not legally required during probation, some employers choose to briefly state the reason for termination

2. Reference Letter Notice: Information about providing a reference letter (Arbeitszeugnis)

3. Return of Company Property: Request for return of company property, if applicable

4. Holiday Compensation: Information about remaining holiday entitlement and compensation

5. Works Council Reference: Reference to works council consultation, if applicable in the company

6. Acknowledgment Section: Space for employee to acknowledge receipt of termination letter

What schedules should be included in a Probation Termination Letter?

1. Calculation of Outstanding Payments: Detailed breakdown of any final payments including holiday compensation, if applicable

2. Company Property List: List of company property to be returned, if applicable

3. Handover Documentation: List of tasks, projects, or responsibilities to be handed over, if applicable

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use

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