The Termination Recommendation Letter is a critical internal document used in German employment contexts when a manager or supervisor recommends the termination of an employee's employment contract. This document is particularly important given Germany's strict employment protection laws and the need for proper documentation of termination decisions. It is typically used when performance issues, misconduct, or business reasons necessitate considering termination, and must be prepared in accordance with German labor law requirements, including the Kündigungsschutzgesetz (Protection Against Dismissal Act) and Betriebsverfassungsgesetz (Works Constitution Act). The document serves as both a formal recommendation and a record of the reasoning behind the proposed termination, which may be crucial in potential legal proceedings.
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1. Letter Header and Date: Formal business letter header including sender's details, recipient's details, and date
2. Employee Information: Key details about the employee including name, position, department, and length of service
3. Current Situation Summary: Brief overview of the current employment situation and reason for recommendation
4. Performance Issues/Incidents: Detailed description of specific performance issues, conduct violations, or business reasons justifying the termination recommendation
5. Previous Measures: Summary of prior interventions, warnings, improvement plans, or discussions with the employee
6. Legal Considerations: Brief assessment of legal requirements and compliance with German labor law
7. Specific Recommendation: Clear statement of termination recommendation including proposed timing and type (ordinary or extraordinary termination)
1. Financial Implications: Include when there are significant severance payments, outstanding bonuses, or other financial considerations
2. Alternative Positions Considered: Include when alternative positions were evaluated before recommending termination
3. Works Council Consultation: Include when works council consultation is required or has already taken place
4. Risk Assessment: Include when there are potential legal or reputational risks associated with the termination
5. Transition Plan: Include when there are specific recommendations for handling work transition
1. Performance Documentation: Copies of performance reviews, warnings, or incident reports
2. Meeting Minutes: Records of relevant meetings or discussions with the employee
3. Employment Contract: Copy of current employment contract showing relevant terms
4. Improvement Plan Documentation: Records of any performance improvement plans and outcomes
5. HR Documentation: Relevant HR records including attendance, disciplinary actions, or other pertinent information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Technology
Healthcare
Retail
Professional Services
Telecommunications
Automotive
Energy
Construction
Education
Logistics
Media and Entertainment
Relevant Teams
Human Resources
Legal
Compliance
Senior Management
Operations
Finance
Administration
Relevant Roles
Human Resources Manager
Department Director
Legal Counsel
Managing Director
Line Manager
Senior Manager
Operations Director
Regional Manager
Branch Manager
Division Head
Chief Human Resources Officer
Compliance Officer
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