A Notice With Immediate Effect is utilized in situations where maintaining a contractual relationship until the end of a regular notice period is unreasonable due to serious circumstances. This document type is firmly grounded in German law and must meet specific requirements under the German Civil Code (BGB). It is commonly used in employment relationships, commercial contracts, lease agreements, and other long-term contractual relationships where a party needs to terminate immediately due to severe breaches of trust, fraud, criminal activities, or other compelling reasons. The notice must be issued within two weeks of discovering the grounds for termination and requires clear documentation of the justifying circumstances. Given its severe consequences and legal complexity, it often involves legal counsel in its preparation and may face scrutiny in German courts.
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1. Sender Details: Full name, position, and address of the sending party, including company details if applicable
2. Recipient Details: Full name, position, and address of the receiving party
3. Date: Current date of the notice
4. Subject Line: Clear indication that this is an immediate termination notice (Außerordentliche Kündigung)
5. Reference Information: Contract or employment details being terminated, including date and reference numbers
6. Declaration of Termination: Clear and unambiguous statement of immediate termination
7. Legal Basis: Citation of relevant legal provisions (e.g., § 314 BGB or § 626 BGB)
8. Grounds for Termination: Detailed description of the compelling reasons justifying immediate termination
9. Effective Date: Statement of when the termination takes effect (immediately)
10. Signature: Legally valid signature of the authorized person
1. Return of Property: Include when there are company assets, documents, or materials that need to be returned
2. Confidentiality Reminder: Include when there are specific confidentiality obligations that survive termination
3. Final Settlement: Include when addressing final payments or settlements
4. Legal Consequences: Include when specific legal consequences need to be highlighted
5. Alternative Dispute Resolution: Include when offering or requiring mediation or other dispute resolution methods
6. Prior Warnings Reference: Include when referencing previous warnings or incidents that contribute to the termination decision
1. Evidence Documentation: Copies of relevant evidence supporting the grounds for immediate termination
2. Previous Correspondence: Copies of relevant prior warnings or communications
3. Property List: Detailed list of company property to be returned
4. Power of Attorney: If notice is being sent by a representative, documentation of authority to act
5. Handover Protocol: Template or checklist for the handover of responsibilities and company property
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