Separation Request Letter for Germany

Separation Request Letter Template for Germany

A Separation Request Letter (Trennungsgesuch) is a formal document used in German employment law context where an employee initiates the process of terminating their employment relationship through mutual agreement. This document serves as the first step in negotiating an amicable separation between employer and employee, typically leading to a mutual termination agreement (Aufhebungsvertrag). The letter must comply with German employment law requirements, including appropriate notice periods and formal requirements under the German Civil Code (BGB) and other relevant employment legislation.

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What is a Separation Request Letter?

The Separation Request Letter (Trennungsgesuch) is a crucial document in German employment relationships when an employee wishes to initiate an amicable separation from their employer. It serves as the formal starting point for negotiating a mutual termination agreement (Aufhebungsvertrag), offering an alternative to standard resignation or termination processes. This document is particularly useful when parties seek to negotiate terms beyond standard notice periods or when specific arrangements need to be made regarding outstanding benefits, garden leave, or handover periods. Under German employment law, such requests must be handled with careful consideration of the Protection Against Dismissal Act (Kündigungsschutzgesetz), works council rights (if applicable), and other relevant employment regulations. The letter typically includes the employee's details, current position, proposed separation date, and any specific requests regarding the separation terms.

What sections should be included in a Separation Request Letter?

1. Header and Date: Full company address, recipient's details, and date of the letter

2. Subject Line: Clear indication that this is a separation request (Trennungsgesuch)

3. Employee Information: Employee's personal details, position, and employee ID if applicable

4. Employment Details: Start date of employment and current role

5. Separation Request Statement: Clear statement requesting mutual separation agreement (Aufhebungsvertrag)

6. Proposed End Date: Suggested date for termination of employment relationship

7. Handover Request: Statement about willingness to assist with handover of duties

8. Closing: Professional closing statement and signature block

What sections are optional to include in a Separation Request Letter?

1. Garden Leave Request: Include when requesting to be released from duties during notice period (Freistellung)

2. Special Arrangements: Any specific requests regarding bonus payments, outstanding vacation, or company benefits

3. Reference Letter Request: Request for a qualified reference letter (qualifiziertes Arbeitszeugnis)

4. Works Council Reference: Include if there's a works council (Betriebsrat) involvement needed

5. Non-Compete Considerations: Address any existing non-compete clauses if applicable

What schedules should be included in a Separation Request Letter?

1. Current Employment Contract: Copy of the current employment contract (as reference)

2. Position Description: Current role and responsibilities documentation

3. Benefits Summary: Overview of current benefits and entitlements

4. Handover Document Template: Template for documenting handover tasks and responsibilities

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

Termination Letter

Cost

Free to use
Relevant Industries

Financial Services

Technology

Manufacturing

Healthcare

Retail

Professional Services

Education

Construction

Telecommunications

Energy

Automotive

Logistics

Media and Entertainment

Public Sector

Consulting

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Production

Quality Assurance

Product Management

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Project Manager

Software Developer

Financial Analyst

HR Manager

Marketing Specialist

Sales Representative

Operations Manager

Research Scientist

Administrative Assistant

Product Manager

Business Analyst

Legal Counsel

Customer Service Representative

Technical Lead

Account 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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