The Termination Letter Due To Slow Business is a critical document used in German employment law when companies need to reduce their workforce due to economic challenges or business downturn. This document must comply with the strict requirements of German labor law, particularly the Kündigungsschutzgesetz (Employment Protection Act), which requires proper justification for business-related terminations. The letter needs to include specific elements such as clear termination declaration, notice periods, and business reasons, while potentially incorporating works council consultation outcomes and social selection criteria applications. It's particularly important in companies with more than 10 employees where full employment protection applies, and must be carefully drafted to withstand potential legal scrutiny in German labor courts.
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1. Header Information: Company letterhead, date, and recipient's detailed contact information
2. Subject Line: Clear indication that this is a termination notice (Kündigung)
3. Termination Declaration: Clear and unambiguous statement of termination with specific end date
4. Business Reasons: Explanation of the economic situation and business circumstances necessitating the termination
5. Notice Period: Specification of the notice period and the resulting final working day
6. Return of Company Property: Request for return of company property and documentation
7. Final Payment Information: Information about final salary payment and outstanding vacation days
8. Reference Letter Rights: Confirmation of right to receive a reference letter
9. Closing: Professional closing with signature block for authorized representatives
1. Severance Offer: Details of any severance payment being offered, used when the company wishes to provide additional compensation
2. Works Council Reference: Statement about works council consultation, required if a works council exists in the company
3. Social Selection Criteria: Explanation of how social selection was conducted, necessary for companies with more than 10 employees
4. Alternative Position Statement: Statement about the availability or lack of alternative positions, recommended for larger companies
5. Outplacement Services: Information about any career transition support being offered, optional but common in larger companies
6. Legal Rights Notice: Information about the employee's right to challenge the termination, recommended but not mandatory
1. Social Selection Documentation: Detailed documentation of social selection criteria application and results
2. Severance Calculation: Detailed calculation of severance payment if offered
3. Company Property List: Itemized list of company property to be returned
4. Works Council Opinion: Copy of works council statement if applicable
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