A Letter of Termination for Job Abandonment is a crucial document used when an employee has abandoned their position through unauthorized and extended absence from work. Under German employment law, this document serves as the formal notification of employment termination, typically issued after documented attempts to contact the employee have failed. It must comply with strict German legal requirements, including provisions from the German Civil Code (BGB) and Protection Against Dismissal Act (KSchG). The letter should detail the period of unauthorized absence, document previous communication attempts, and include mandatory legal notifications. It's particularly important that the letter includes specific dates, clear reasoning for termination, information about the employee's right to contest within three weeks, and details about final settlements. This document is typically prepared in consultation with HR and legal departments to ensure all statutory requirements are met.
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1. Company Header and Date: Official company letterhead with full legal entity name, address, and date of the letter
2. Employee Details: Full name and address of the employee, employee ID if applicable
3. Subject Line: Clear indication that this is a termination letter due to job abandonment
4. Job Abandonment Facts: Specific dates and duration of unauthorized absence, including any attempted communications
5. Termination Declaration: Clear and unambiguous statement of employment termination, citing job abandonment as cause
6. Legal Basis: Reference to relevant sections of German law (BGB § 626) and employment contract provisions
7. Notice Period: Statement whether this is an immediate extraordinary termination or with notice period
8. Legal Rights Information: Information about the three-week period to contest the dismissal under KSchG § 4
9. Return of Company Property: Request for return of any company property, access cards, documents
10. Final Settlement: Information about final salary payment and outstanding vacation days
11. Signature Block: Space for authorized signatory with full name and title
1. Works Council Reference: Required if company has a works council - confirmation that works council was consulted
2. Previous Warnings: Include if prior warnings or communications about attendance were issued
3. Alternative Position Offer: Include if company policy or size requires consideration of alternative positions
4. Health Insurance Information: Include if required by state law or company policy regarding post-employment benefits
5. Reference Letter Offer: Optional offer to provide a reference letter (Arbeitszeugnis)
1. Attendance Record: Documentation of unauthorized absences and attendance history
2. Communication Log: Copies of attempts to contact employee (emails, letters, phone logs)
3. Warning Letters: Copies of any previous warning letters or documentation of misconduct
4. Works Council Consultation: Documentation of works council consultation if applicable
5. Handover Protocol: List of company property to be returned and pending work assignments
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Healthcare
Technology
Financial Services
Construction
Hospitality
Education
Professional Services
Transportation
Logistics
Public Sector
Energy
Telecommunications
Media and Entertainment
Relevant Teams
Human Resources
Legal
Compliance
Senior Management
Operations
Department Management
Administration
Personnel Management
Corporate Governance
Relevant Roles
HR Manager
HR Director
Legal Counsel
Employment Law Specialist
HR Business Partner
Department Manager
Line Manager
HR Administrator
Compliance Officer
Personnel Administrator
HR Operations Manager
Company Secretary
Managing Director
HR Coordinator
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