The Severance Pay Release Of Claims agreement is a crucial document used in German employment termination scenarios where both employer and employee agree to end the employment relationship in exchange for compensation. It is particularly relevant in situations involving restructuring, redundancies, or mutually agreed separations. The document must comply with German employment law requirements, including the Kündigungsschutzgesetz (Employment Protection Act) and relevant provisions of the Bürgerliches Gesetzbuch (German Civil Code). It typically includes specific provisions about severance calculation, tax treatment under German law, impact on unemployment benefits, and comprehensive release of potential claims. The agreement often requires works council consultation and must meet strict formal requirements for validity under German law.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief description of the employment relationship, including start date, position, and context for the termination
3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Severance Payment', and 'Claims'
4. Termination of Employment: Clear statement of the employment termination date and mutual agreement to end the employment relationship
5. Severance Payment: Details of the severance amount, calculation method, payment timing, and tax treatment under German law
6. Release of Claims: Comprehensive release of employment-related claims, specifically tailored to German law requirements
7. Continuing Obligations: Post-employment obligations including confidentiality, return of company property, and any applicable non-compete provisions
8. Social Security and Benefits: Impact on social security benefits, unemployment benefits, and other statutory entitlements
9. Tax Provisions: Tax treatment of the severance payment and related obligations under German tax law
10. Final Provisions: Standard closing provisions including governing law, jurisdiction, and severability clause (salvatorische Klausel)
1. Garden Leave: Include when there is a period of paid leave before the termination date
2. Reference Letter: Terms regarding the provision of a qualified reference letter (qualifiziertes Arbeitszeugnis)
3. Pension Rights: Include if there are company pension arrangements that need to be addressed
4. Stock Options/Benefits: Include if there are outstanding stock options or other benefits to be addressed
5. Works Council Agreement: Reference to works council involvement if applicable
6. Post-contractual Non-compete: Include if there is a post-contractual non-compete agreement with compensation
7. Outplacement Services: Include if the employer is providing career transition assistance
1. Schedule 1: Calculation of Severance Payment: Detailed breakdown of severance payment calculation
2. Schedule 2: Outstanding Benefits: List of any outstanding benefits, vacation days, or other entitlements
3. Schedule 3: Company Property: Itemized list of company property to be returned
4. Appendix A: Resignation Letter: Form of resignation letter to be signed by the employee
5. Appendix B: Reference Letter Draft: Draft of the agreed reference letter if included in the agreement
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