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Employee Separation Notice for Germany

Employee Separation Notice Template for Germany

A formal document governed by German labor law that serves to officially terminate an employment relationship between an employer and employee. This notice must comply with specific requirements under the German Civil Code (BGB) and the Protection Against Dismissal Act (Kündigungsschutzgesetz), including proper written form, appropriate notice periods, and necessary justification where applicable. The document must be clear, unambiguous, and meet all formal legal requirements, including proper signature by an authorized representative and delivery to the employee. It forms the legal basis for ending the employment relationship and triggers various statutory rights and obligations for both parties.

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Employee Separation Notice

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What is a Employee Separation Notice?

The Employee Separation Notice (Kündigungsschreiben) is a crucial document in German employment law, used when an employer needs to formally terminate an employment relationship. It must strictly comply with German labor law requirements, particularly § 623 BGB requiring written form, and may be subject to the Protection Against Dismissal Act for companies with more than 10 employees. The document includes essential information such as the clear termination declaration, notice period, and effective date of termination. It can be used for both ordinary termination (with notice period) and extraordinary termination (without notice for serious cause). The document triggers important legal consequences and timeframes, including the employee's three-week period to challenge the termination in labor court. Special considerations apply for protected employee groups (e.g., pregnant employees, severely disabled persons) and when works council consultation is required.

What sections should be included in a Employee Separation Notice?

1. Header Information: Company letterhead, date, and employee's full address

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

3. Type of Termination: Specification of whether this is an ordinary termination (ordentliche Kündigung) or extraordinary termination (außerordentliche Kündigung)

4. Termination Declaration: Clear and unambiguous statement of termination

5. Effective Date: Specific mention of when the employment relationship will end, considering statutory notice periods

6. Signature: Space for authorized representative's signature with name and position

What sections are optional to include in a Employee Separation Notice?

1. Reason for Termination: Include only if specifically required or if it's an extraordinary termination without notice

2. Garden Leave: Statement about immediate release from work duties while maintaining salary until termination date (Freistellung)

3. Reference Letter: Mention of the upcoming provision of an employment reference letter (Arbeitszeugnis)

4. Works Council Notice: Confirmation that works council has been consulted, if applicable

5. Outstanding Matters: Information about handling remaining vacation days, company property return, or final salary payment

6. Legal Notice: Information about the three-week period to file a claim under the Protection Against Dismissal Act

What schedules should be included in a Employee Separation Notice?

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

2. Final Settlement Calculation: Breakdown of final payment including salary, vacation days, and other benefits

3. Handover Protocol: Documentation of ongoing projects and responsibilities to be transferred

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions















Clauses




















Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Transportation

Energy

Telecommunications

Media

Public Sector

Non-Profit Organizations

Real Estate

Agriculture

Automotive

Pharmaceutical

Insurance

Relevant Teams

Human Resources

Legal

Executive Management

Administration

Compliance

Operations Management

Corporate Governance

Employee Relations

Relevant Roles

HR Manager

HR Director

Legal Counsel

Managing Director

CEO

Department Head

Line Manager

HR Business Partner

HR Administrator

Company Secretary

Operations Manager

General Manager

Regional Manager

Branch Manager

Executive Assistant

HR Coordinator

Compliance Officer

Administrative 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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