A Termination Letter For Poor Performance under German law is a formal document used when an employer needs to end an employment relationship due to documented performance issues. It must be drafted in strict compliance with German employment law, particularly the Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz) and the German Civil Code (BGB). The letter should only be used after proper documentation of performance issues, provision of improvement opportunities, and issuance of formal warnings. It must include specific details about performance deficiencies, reference previous warnings, state the applicable notice period, and maintain all formal requirements of German labor law. The document is typically preceded by performance improvement attempts and requires careful coordination between HR, legal, and management to ensure validity.
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1. Sender Details: Full company name, address, and contact information of the employer
2. Recipient Details: Employee's full name and address
3. Date: Current date of the termination letter
4. Subject Line: Clear indication that this is a termination notice (Kündigung)
5. Termination Declaration: Clear and unambiguous statement of employment termination with specific end date
6. Notice Period: Statement of applicable notice period and resulting final working day
7. Performance Issues: Brief but specific description of performance deficiencies
8. Reference to Previous Warnings: Mention of specific dates and content of previous written warnings
9. Final Formalities: Information about return of company property and final documentation
10. Signature: Original signature of authorized representative with name and title
1. Works Council Reference: Required if company has a Works Council - confirms their consultation
2. Garden Leave: Include if employee is to be released from duty during notice period
3. Outstanding Vacation: Include if addressing remaining vacation days or compensation
4. Reference Letter: Optional mention of forthcoming employment reference letter
5. Settlement Offer: Include if offering severance or settlement agreement
6. Non-Compete Reminder: Include if employment contract contains post-contractual non-compete provisions
1. Performance Review Documentation: Copies of relevant performance reviews showing ongoing issues
2. Warning Letters: Copies of all formal warnings issued to the employee
3. Performance Improvement Plan: Documentation of any PIPs and their outcomes
4. Meeting Protocols: Records of performance discussions and improvement attempts
5. Handover Checklist: List of items, accounts, and projects to be handed over
Relevant legal definitions
Company
Employee
Employment Agreement
Notice Period
Termination Date
Final Working Day
Works Council (Betriebsrat)
Performance Improvement Plan (PIP)
Written Warning (Abmahnung)
Company Property
Confidential Information
Professional Duties
Performance Standards
Target Objectives
Key Performance Indicators
Handover Period
Garden Leave (Freistellung)
Reference Letter (Arbeitszeugnis)
Settlement Agreement (Aufhebungsvertrag)
Company Policies
Employee
Employment Agreement
Notice Period
Termination Date
Final Working Day
Works Council (Betriebsrat)
Performance Improvement Plan (PIP)
Written Warning (Abmahnung)
Company Property
Confidential Information
Professional Duties
Performance Standards
Target Objectives
Key Performance Indicators
Handover Period
Garden Leave (Freistellung)
Reference Letter (Arbeitszeugnis)
Settlement Agreement (Aufhebungsvertrag)
Company Policies
Clauses
Termination Declaration
Notice Period
Performance Issues
Prior Warnings
Final Settlement
Company Property Return
Confidentiality
Non-Competition
Data Protection
Works Council Consultation
Reference Letter
Final Payments
Outstanding Leave
Handover Requirements
Post-Employment Obligations
Garden Leave
Legal Basis
Severance Terms
Notice Period
Performance Issues
Prior Warnings
Final Settlement
Company Property Return
Confidentiality
Non-Competition
Data Protection
Works Council Consultation
Reference Letter
Final Payments
Outstanding Leave
Handover Requirements
Post-Employment Obligations
Garden Leave
Legal Basis
Severance Terms
Relevant Industries
Manufacturing
Technology
Financial Services
Retail
Healthcare
Professional Services
Education
Construction
Hospitality
Telecommunications
Automotive
Energy
Media and Entertainment
Transportation and Logistics
Real Estate
Relevant Teams
Human Resources
Legal
Compliance
People Operations
Employee Relations
Senior Management
Department Management
Relevant Roles
HR Manager
HR Director
Legal Counsel
Employment Lawyer
Department Head
Line Manager
Team Leader
HR Business Partner
People Operations Manager
Chief Human Resources Officer
Compliance Officer
HR Administrator
Employee Relations Manager
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