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Termination Release Agreement for Germany

Termination Release Agreement Template for Germany

A comprehensive legal document governed by German law that formalizes the mutual agreement between an employer and employee to terminate their employment relationship. The agreement includes detailed provisions for the termination terms, including severance payments, benefits treatment, and mutual releases of claims, while ensuring compliance with German employment law requirements, including the Civil Code (BGB), Protection Against Dismissal Act (KSchG), and relevant works constitution requirements. The document serves to provide legal certainty for both parties and prevents future disputes by clearly outlining all termination conditions and mutual obligations.

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What is a Termination Release Agreement?

The Termination Release Agreement is a crucial document used in German employment relationships when both parties agree to end the employment contract by mutual consent. It's particularly relevant in situations involving restructuring, voluntary departures, or dispute resolution. The agreement must comply with strict German legal requirements, including those set forth in the Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). It typically includes comprehensive provisions on financial settlements, benefits, property return, and mutual releases, while also considering works council rights where applicable. This document is essential for providing legal certainty and preventing future disputes by documenting all agreed terms of the employment termination. Special attention must be paid to German-specific requirements regarding severance calculations, notice periods, and the format of mutual releases to ensure enforceability.

What sections should be included in a Termination Release Agreement?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment relationship, including start date, position, and reason for termination if mutually agreed to state

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Clear statement of the employment termination date and last working day if different

5. Financial Settlement: Details of severance payment, outstanding salary, bonus payments, and other financial compensation

6. Company Property: Requirements and timeline for returning company property, documents, and data

7. Confidentiality Obligations: Ongoing confidentiality obligations post-termination

8. Release of Claims: Mutual release of claims, specifically tailored to be enforceable under German law

9. Reference Letter: Commitment to provide a qualified reference letter (qualifiziertes Arbeitszeugnis)

10. Social Security and Benefits: Handling of insurance, pension, and other benefits

11. Final Provisions: Governing law, severability, and entire agreement clauses

What sections are optional to include in a Termination Release Agreement?

1. Works Council Approval: Required if the company has a works council that needs to be involved in termination decisions

2. Garden Leave: Include if the employee will be released from work duties before the termination date

3. Post-Contractual Non-Compete: Include if maintaining or modifying existing non-compete obligations

4. Outplacement Services: Include if the company is providing career transition support

5. Stock Options/Equity: Include if there are outstanding equity-based compensation items to address

6. Company Housing: Include if employment-related housing arrangements need to be terminated

7. Training Costs Repayment: Include if waiving any training cost repayment obligations

8. References to Works Agreements: Include if specific works agreements (Betriebsvereinbarungen) affect termination terms

What schedules should be included in a Termination Release Agreement?

1. Schedule 1 - Financial Settlement Calculation: Detailed breakdown of all financial payments, including severance, outstanding salary, vacation pay, and bonus calculations

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Benefits Summary: Details of benefit plan treatment post-termination

4. Appendix A - Reference Letter Draft: Agreed form of reference letter text

5. Appendix B - Data Privacy Declaration: Specific consents regarding personal data handling post-termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
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Relevant Industries

Technology

Manufacturing

Financial Services

Professional Services

Healthcare

Retail

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Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Compliance

Payroll

Employee Relations

Works Council

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Financial Officer

Department Manager

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Project Manager

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Sales Manager

Operations Manager

Financial Analyst

Marketing Director

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Account Manager

Production Supervisor

Administrative Assistant

Technical Lead

Business Development Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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