The Job Abandonment Letter is a crucial document in German employment law, used when an employee has ceased attending work without authorization or communication for an extended period. This document serves multiple purposes: it formally documents the unauthorized absence, details attempts to contact the employee, and communicates the termination decision. Under German labor law, employers must maintain detailed records and follow specific procedures when terminating employment relationships. The letter must include specific elements to comply with German Civil Code (BGB) requirements and the Protection Against Dismissal Act (KSchG). It's typically prepared after reasonable attempts to contact the employee have failed and the absence has continued beyond an acceptable period. The document becomes part of the employee's personnel file and may be crucial in potential legal proceedings.
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1. Company Letterhead and Date: Official company letterhead including full legal entity name, address, and date of the letter
2. Employee Information: Full name and address of the employee, employee ID if applicable
3. Subject Line: Clear indication that this is a termination notice due to job abandonment
4. Absence Documentation: Detailed timeline of unauthorized absence, including first day of unexplained absence and duration
5. Communication Attempts: Documentation of all attempts to contact the employee, including dates, methods, and results
6. Termination Declaration: Formal statement of employment termination, citing job abandonment as cause
7. Legal Basis: Reference to relevant German labor law provisions and employment contract terms
8. Final Arrangements: Information about final paycheck, return of company property, and outstanding matters
9. Signature Block: Authorized signatory details and company stamp if applicable
1. Works Council Reference: Required if company has a works council, documenting their consultation in the termination process
2. Prior Warnings: Include if there were previous attendance issues or warnings
3. Company Policy Reference: Include specific references to company policies on attendance and job abandonment if they exist
4. Settlement Offer: Optional inclusion of any settlement terms if company wishes to prevent potential legal disputes
5. Benefits Information: Include if there are specific benefit-related implications or requirements
1. Communication Log: Detailed log of all attempts to contact the employee, including copies of emails, registered letters, and phone call records
2. Attendance Record: Documentation of employee's attendance history and unauthorized absence period
3. Return of Company Property Checklist: List of company properties to be returned and their current status
4. Final Payment Calculation: Detailed breakdown of final payment including any outstanding vacation days, bonuses, or deductions
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