The Cancellation of Employment Letter is a crucial document in German employment law used to formally terminate an employment relationship. It must be drafted in strict compliance with German legal requirements, including those set forth in the German Civil Code (BGB) and the Protection Against Dismissal Act. This document is necessary whenever an employer wishes to terminate an employment relationship unilaterally or when both parties have agreed to end the employment relationship. The letter must include specific elements such as clear termination language, notice periods, final working day, and details about outstanding payments. Special consideration must be given to works council involvement, protection of special groups of employees, and proper notice periods. The document's format and content are heavily regulated under German law to protect both employer and employee rights.
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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: Date of the letter issuance
4. Subject Line: Clear indication that this is a termination letter
5. Termination Statement: Clear and unambiguous statement of employment termination
6. Last Working Day: Specific mention of the final day of employment
7. Notice Period Reference: Reference to applicable notice period and its calculation
8. Outstanding Payments: Information about final salary, vacation days, and other outstanding payments
9. Company Property: Request for return of company property
10. Closing: Formal closing and signature block
1. Garden Leave: Used when employee is to be placed on garden leave during notice period
2. Reference Letter: Mention of the provision of a reference letter if agreed to be provided
3. Non-Compete Reminder: Include if there are post-employment restrictions in the original contract
4. Severance Payment: Include if a severance payment has been agreed upon
5. Works Council Reference: Required if works council was consulted in the termination process
6. Settlement Agreement Reference: Include if termination is part of a mutual settlement agreement
1. Calculation of Final Payment: Detailed breakdown of final salary, pro-rated bonuses, and vacation compensation
2. Company Property List: Itemized list of company property to be returned
3. Reference Letter Draft: If agreed, draft of the employment reference letter
4. Settlement Agreement: If applicable, the full settlement agreement detailing all terms of separation
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