The Friendly Termination of Services Letter is utilized when both employer and employee in Germany have reached a mutual agreement to end their employment relationship on amicable terms. This document type is particularly relevant when parties wish to avoid the formal dismissal process and maintain a positive professional relationship. It encompasses all essential elements required under German employment law, including specific termination date, financial settlements, and ongoing obligations. The letter serves as a legally binding document while maintaining a cooperative tone, making it distinct from unilateral termination notices. Key German legislation such as the Civil Code (BGB) and Protection Against Dismissal Act (KSchG) govern its content and implementation. The document is especially useful in situations where a clean break is desired, or when restructuring occurs, and both parties have negotiated mutually beneficial terms.
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1. Letter Header with Date: Company letterhead, date, and formal addressing of the employee
2. Opening Reference: Reference to previous discussions regarding the mutual termination
3. Confirmation of Mutual Termination: Clear statement of the mutual agreement to terminate the employment relationship
4. Termination Date: Specific mention of the last working day
5. Final Payment Details: Information about final salary, outstanding vacation days, and any agreed-upon severance payment
6. Return of Company Property: List of company items to be returned and the process for doing so
7. Confidentiality Reminder: Reminder of ongoing confidentiality obligations
8. Reference Letter: Confirmation that a positive reference letter will be provided
9. Closing Statement: Expression of gratitude and good wishes for the future
10. Signature Block: Space for signatures of both employer and employee
1. Garden Leave: Details of any garden leave period, if applicable
2. Ongoing Benefits: Any benefits that will continue beyond the termination date
3. Non-Competition Reminder: Reference to existing non-compete obligations, if applicable
4. Outplacement Support: Details of any career transition support being offered
5. Legal Advice Confirmation: Confirmation that the employee has had the opportunity to seek legal advice
6. Works Council Statement: Reference to works council consultation, if applicable
7. Training Costs Waiver: Waiver of any training cost repayment obligations, if applicable
1. Final Payment Calculation: Detailed breakdown of all final payments including salary, vacation pay, and severance
2. Company Property List: Itemized list of company property to be returned
3. Benefits Summary: Summary of any benefits continuation or special arrangements
4. Reference Letter Draft: Draft of the agreed reference letter, if prepared in advance
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