The Termination Letter For Insubordination is a critical document used in German employment relationships when an employee has demonstrated serious misconduct through refusal to follow legitimate instructions or persistent defiance of authority. This document must strictly adhere to German labor law requirements, including the BGB and KSchG provisions, and may be issued as either an ordinary termination with notice period or, in severe cases, an extraordinary immediate termination. The letter must include specific details of the insubordinate behavior, reference to any prior warnings, and comply with formal requirements such as written form and proper authorization. For companies with a works council, proper consultation procedures must be documented. The document serves both as a legal notice of termination and as evidence in potential labor court proceedings.

1. Letter Header: Company letterhead, date, and formal address to the employee including their full name and address

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

3. Termination Statement: Clear and unambiguous statement of employment termination, specifying whether it is ordinary (with notice period) or extraordinary (immediate) termination

4. Description of Insubordinate Conduct: Detailed description of the specific incident(s) of insubordination, including dates and circumstances

5. Legal Basis: Reference to relevant legal provisions and employment contract clauses supporting the termination

6. Prior Warnings: Reference to any previous warnings issued to the employee regarding similar conduct

7. Notice Period and Last Working Day: Clear statement of the notice period and the employee's last working day

8. Return of Company Property: Instructions regarding the return of company property, access cards, documents, etc.

9. Final Formalities: Information about final paycheck, vacation days settlement, and work certificate

10. Signature: Authorized signature(s) of company representative(s) with their name(s) and title(s)