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Termination Settlement Agreement for Germany

Termination Settlement Agreement Template for Germany

A Termination Settlement Agreement (Aufhebungsvertrag) under German law is a mutually agreed document that formally ends an employment relationship. This agreement outlines the terms and conditions of the employment termination, including the termination date, severance payments, final salary arrangements, and ongoing obligations. It must comply with German labor law requirements, particularly the Civil Code (BGB) and Protection Against Unfair Dismissal Act (KSchG), while addressing specific aspects such as reference letters, company property return, and confidentiality obligations. The agreement provides legal certainty for both parties and helps prevent future disputes by clearly documenting all termination terms.

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What is a Termination Settlement Agreement?

A Termination Settlement Agreement is a crucial document in German employment law, used when both employer and employee agree to end their employment relationship by mutual consent. This type of agreement is particularly relevant in situations where a clean break is desired, or when the parties wish to avoid potential litigation related to a unilateral termination. The document must comply with strict German labor law requirements and typically includes provisions for severance payments, final settlements, continuing obligations, and release of claims. It's essential to note that under German law, such agreements must be clear, fair, and transparent, with special attention paid to employee protections. The agreement serves as a comprehensive record of all termination terms and helps prevent future disputes by clearly documenting the parties' rights and obligations. Given its legally binding nature, the Termination Settlement Agreement often requires careful review and consideration by both parties, potentially involving works council consultation and legal counsel input.

What sections should be included in a Termination Settlement Agreement?

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

2. Background: Brief description of the employment relationship, including start date, position, and context of the termination agreement

3. Definitions: Definition of key terms used throughout the agreement

4. Termination Date: Clear specification of the employment termination date and last working day

5. Settlement Sum: Details of any severance payment, including amount, payment date, and tax treatment

6. Final Salary and Benefits: Provisions regarding final salary payment, bonus calculations, and treatment of benefits

7. Company Property: Requirements for returning company property and documentation

8. Confidentiality Obligations: Ongoing confidentiality obligations post-employment

9. Release of Claims: Mutual release of claims related to the employment relationship

10. Reference Letter: Agreement regarding the provision of a reference letter (Arbeitszeugnis)

11. Social Security and Insurance: Clarification of social security and insurance matters

12. Final Provisions: Standard closing provisions including governing law, severability, and entire agreement clause

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

1. Garden Leave: Used when the employee is to be released from duty before the termination date

2. Post-Contractual Non-Compete: Include when maintaining or modifying existing non-compete obligations

3. Stock Options/Share Rights: Required when addressing the treatment of existing equity compensation

4. Outplacement Services: Include when the employer is providing career transition support

5. Works Council Agreement: Required when works council involvement is necessary

6. Pension Arrangements: Include when addressing company pension schemes or retirement benefits

7. Continuing Obligations: Used when specific ongoing obligations need to be maintained post-employment

8. Legal Costs: Include when addressing the payment of legal advisory costs

What schedules should be included in a Termination Settlement Agreement?

1. Schedule 1: Calculation of Settlement Sum: Detailed breakdown of severance payment calculation

2. Schedule 2: Benefits Summary: List of all benefits and their treatment post-termination

3. Schedule 3: Company Property List: Inventory of company property to be returned

4. Schedule 4: Reference Letter Draft: Agreed form of reference letter

5. Appendix A: Data Privacy Notice: Required GDPR-compliant privacy notice regarding data handling post-employment

6. Appendix B: Tax Declaration: Declaration for tax purposes regarding settlement payment

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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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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