Termination Without Cause Letter for Germany

Termination Without Cause Letter Template for Germany

A formal employment termination letter compliant with German labor law requirements, used to end an employment relationship without specific cause. This document must adhere to strict German legal formalities, including proper notice periods as specified in the German Civil Code (BGB) and Protection Against Dismissal Act (KSchG). The letter contains essential elements such as clear termination declaration, notice period calculation, last working day, and must be provided in written form with an original signature. It may also address various employment-related matters such as outstanding vacation, company property return, and reference letter rights.

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What is a Termination Without Cause Letter?

The Termination Without Cause Letter is a crucial document in German employment law, used when an employer wishes to end an employment relationship without specific misconduct or performance-related reasons. It must comply with German statutory requirements, including the Civil Code (BGB) and Protection Against Dismissal Act (KSchG). This document is particularly important in Germany due to the country's strict employment protection laws and formal requirements for termination. The letter must include specific elements such as clear termination language, proper notice periods, and must be delivered in written form with original signatures. It's typically used in situations where restructuring, general business decisions, or other non-performance related factors lead to employment termination. The document serves both as a formal notification and a legal record of the employment termination process.

What sections should be included in a Termination Without Cause Letter?

1. Sender Details: Full company name, address, and contact information of the employer

2. Recipient Details: Employee's full name and address

3. Date: Date of the termination letter (crucial for notice period calculations)

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

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

6. Last Working Day: Specific mention of the employment end date, considering statutory notice periods

7. Notice Period Reference: Reference to applicable notice period and its calculation

8. Company Property Return: Request for return of company property (badges, keys, devices, etc.)

9. Signature Block: Space for authorized signatory's original signature (required under German law)

What sections are optional to include in a Termination Without Cause Letter?

1. Garden Leave: Used when employee is released from duty to work during notice period

2. Outstanding Vacation: Reference to remaining vacation days and their handling

3. Reference Letter: Mention of the employee's right to receive a reference letter

4. Works Council Reference: Include if works council was consulted, required for companies with works councils

5. Severance Offer: Optional severance payment terms, if being offered

6. Non-Compete Reminder: Reference to existing post-contractual non-compete obligations

7. Benefits Continuation: Information about continuation or termination of specific benefits

What schedules should be included in a Termination Without Cause Letter?

1. Calculation of Outstanding Payments: Detailed breakdown of final salary, vacation pay, and other payments

2. Company Property List: Itemized list of company property to be returned

3. Benefits Summary: Overview of benefit terminations and any post-employment benefits

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

Cost

Free to use
Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Telecommunications

Automotive

Energy

Media and Entertainment

Transportation and Logistics

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Administration

Employee Relations

Operations Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Head of Legal

Managing Director

CEO

Department Head

HR Business Partner

Personnel Administrator

Compliance Officer

Operations Manager

General Manager

Office Manager

HR Administrator

Employee Relations 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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