Written Notice Of Termination for Germany

Written Notice Of Termination Template for Germany

A Written Notice of Termination under German law is a formal document that legally ends an employment relationship. It must comply with strict formal requirements under German employment law, including the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). The document must be in written form with an original signature, clearly state the intention to terminate, specify the termination date, and observe statutory notice periods. It represents a crucial legal document that must be carefully drafted to ensure compliance with German labor regulations and avoid potential legal challenges.

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What is a Written Notice Of Termination?

The Written Notice of Termination is a crucial document in German employment law that formally communicates the termination of an employment relationship. It must strictly adhere to the requirements set forth in German legislation, particularly the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). The document is used when an employer wishes to end an employment relationship through ordinary termination (ordentliche Kündigung) or, in exceptional cases, immediate termination (außerordentliche Kündigung). It must be in writing with an original signature (electronic form is explicitly excluded), clearly state the termination intention, specify the end date, and comply with statutory notice periods. In companies with more than 10 employees, social justification for the termination may be required. The document serves as legal proof of the termination and its timing, making it essential for both legal compliance and potential future disputes.

What sections should be included in a Written Notice Of Termination?

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

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

3. Date: Date of the termination notice - crucial for notice period calculations

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

5. Clear Statement of Termination: Unambiguous declaration of the intent to terminate the employment relationship

6. Termination Date: Specific date when the employment relationship will end, considering statutory notice periods

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

8. Final Formalities: Information about handling of remaining vacation days, company property return, and final paycheck

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

What sections are optional to include in a Written Notice Of Termination?

1. Reason for Termination: Include only if strategically advisable or required by employment contract - usually omitted in ordinary terminations

2. Reference to Works Council: Required only if a works council exists and has been consulted

3. Garden Leave: Include if employee is to be released from duty during notice period

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

5. Settlement Offer: Optional inclusion of severance or settlement proposal

6. Non-Compete Reminder: Include if employment contract contains post-contractual non-compete obligations

7. Social Plan Reference: Required only in case of mass redundancies where a social plan exists

What schedules should be included in a Written Notice Of Termination?

1. Certificate of Posting: Proof of proper delivery of termination notice (Einschreiben mit Rückschein)

2. Works Council Statement: If applicable, documentation of works council consultation

3. Power of Attorney: If the signatory is not a known authorized representative, document proving authority to terminate

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
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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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