The Cancellation Of Employment Contract (Kündigung des Arbeitsvertrages) is a crucial document in German employment law that formalizes the termination of an employment relationship. It is used when either the employer wishes to terminate an employee's contract (with proper cause or during probationary period) or in cases of mutual agreement termination. The document must strictly comply with German labor law requirements, including the German Civil Code (BGB), Protection Against Dismissal Act, and Works Constitution Act where applicable. It must include specific elements such as clear termination declaration, notice periods, final settlement terms, and company property arrangements. This document is particularly important as German employment law provides strong employee protections, making proper documentation and compliance with formal requirements essential to ensure legal validity of the termination.
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1. Header Details: Company letterhead, date, and recipient's address details
2. Subject Line: Clear indication that this is a termination notice (Kündigung des Arbeitsvertrages)
3. Main Declaration: Clear and unambiguous statement of employment contract termination
4. Termination Date: Specific mention of the last day of employment, considering notice periods
5. Legal Basis: Reference to relevant contract clauses or legal provisions justifying the termination
6. Notice Period Confirmation: Confirmation that statutory or contractual notice period is being observed
7. Final Settlement: Information about final salary payment and outstanding amounts
8. Company Property: Request for return of company property (keys, devices, documents, etc.)
9. Signature Block: Space for authorized signatory and company stamp
1. Garden Leave: Section releasing employee from duty to work during notice period, if applicable
2. Severance Payment: Details of any severance payment offered, used when part of a mutual agreement termination
3. Reference Letter: Mention of the provision of a reference letter, if being provided
4. Non-Compete Reminder: Reminder of existing non-compete obligations, if applicable
5. Works Council Reference: Reference to works council consultation, required if works council exists
6. Reason for Termination: Explanation of termination reasons, optional unless required by law or contract
7. Outstanding Vacation: Handling of remaining vacation days or compensation
8. Benefits Termination: Details about termination of benefits, insurance coverage, etc.
1. Calculation of Final Payment: Detailed breakdown of final salary, vacation compensation, and other payments
2. Company Property List: Itemized list of company property to be returned
3. Severance Calculation: If applicable, detailed calculation of severance payment
4. Handover Protocol: Template for documenting the handover of ongoing projects and responsibilities
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