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Termination Recommendation Letter for Germany

Termination Recommendation Letter Template for Germany

A formal internal document used in German employment contexts to recommend and justify the termination of an employee's employment contract. The document must comply with German labor law requirements, including the Protection Against Dismissal Act (Kündigungsschutzgesetz) and Works Constitution Act (Betriebsverfassungsgesetz). It provides a detailed analysis of the grounds for termination, documents previous measures taken, and includes supporting evidence to ensure the recommendation meets legal requirements and internal protocols. The letter serves as a crucial document in the decision-making process and may be important in potential legal proceedings.

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Termination Recommendation Letter

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What is a Termination Recommendation Letter?

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.

What sections should be included in a Termination Recommendation Letter?

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)

What sections are optional to include in a Termination Recommendation Letter?

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

What schedules should be included in a Termination Recommendation Letter?

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

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

Document Type

Termination Letter

Cost

Free to use
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

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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