The Termination Letter Immediate Effect is a crucial document in German employment law used when circumstances necessitate the immediate end of an employment relationship without observing standard notice periods. It is governed by §626 of the German Civil Code (BGB) and must be based on compelling reasons that make continued employment unreasonable, such as serious misconduct, criminal activities, or severe breaches of trust. The document must be issued within a strict two-week deadline from knowledge of the termination grounds, include specific details about the reasons for termination, and comply with formal requirements including written form and proper authorization. This type of termination letter requires careful consideration of legal requirements, potential works council involvement, and documentation of the underlying reasons to withstand potential legal scrutiny.
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1. Sender Details: Full company name, address, and authorized representative details
2. Recipient Details: Employee's full name and address
3. Date: Date of the termination letter (crucial for the two-week deadline under §626 BGB)
4. Subject Line: Clear indication that this is an immediate termination of employment
5. Declaration of Termination: Explicit statement terminating the employment relationship with immediate effect
6. Legal Grounds: Reference to §626 BGB and other relevant legal bases for the termination
7. Reasons for Termination: Detailed description of the compelling reasons justifying immediate termination
8. Effective Date: Clear statement of the immediate effectiveness of the termination
9. Return of Company Property: Request for immediate return of all company property
10. Signature Block: Space for authorized representative's signature
1. Reference to Previous Warnings: Include if prior warnings were issued to the employee
2. Garden Leave: Include if employee is to be placed on garden leave during any dispute period
3. Final Payment Details: Include if specifying arrangements for final salary, unused vacation, or other compensation
4. Non-Compete Reminder: Include if employment contract contains post-termination restrictions
5. Works Council Reference: Include if works council was consulted (required for companies with works councils)
6. Severance Offer: Include if offering severance to minimize litigation risk
7. Legal Representation Notice: Include if the termination is particularly contentious and legal proceedings are expected
1. Prior Warnings Documentation: Copies of any previous written warnings issued to the employee
2. Incident Reports: Documentation of the specific incidents leading to immediate termination
3. Witness Statements: If applicable, statements from witnesses to the misconduct
4. Works Council Consultation Record: Documentation of works council consultation if applicable
5. Handover Instructions: List of ongoing projects and handover requirements
6. Company Property Checklist: Itemized list of company property to be returned
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