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Letter Withdrawing Offer Of Employment for Germany

Letter Withdrawing Offer Of Employment Template for Germany

A formal document governed by German law that officially revokes a previously extended offer of employment before the prospective employee has commenced work. The document must comply with German Civil Code (BGB) requirements regarding contract formation and revocation, as well as anti-discrimination laws (AGG). It includes specific details about the original offer, the basis for withdrawal, and any relevant compensation or document return requirements. The letter must be drafted carefully to avoid potential legal issues under German employment law, particularly regarding pre-contractual obligations and potential liability for breaking off negotiations in bad faith.

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Letter Withdrawing Offer Of Employment

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What is a Letter Withdrawing Offer Of Employment?

The Letter Withdrawing Offer Of Employment is a crucial document used when an employer needs to formally retract a job offer made to a potential employee under German law. This document becomes necessary in various situations, such as when business circumstances change unexpectedly, when new information about the candidate comes to light, or when regulatory requirements cannot be met. The letter must be carefully drafted to comply with German employment law, including the Civil Code (BGB) provisions on contract formation and the General Equal Treatment Act (AGG). It should clearly identify the original offer, state the withdrawal, provide a legitimate reason for the withdrawal, and address any potential compensation or document return requirements. The timing of the withdrawal is crucial, as different legal implications may arise depending on whether the offer was already accepted and whether the employment relationship has technically begun.

What sections should be included in a Letter Withdrawing Offer Of Employment?

1. Recipient Details: Full name and address of the candidate, including correct salutation

2. Reference Information: Reference to the original job offer, including position title and date of offer

3. Withdrawal Statement: Clear and unambiguous statement withdrawing the employment offer

4. Legal Basis: Brief explanation of the legitimate reason for withdrawal to ensure compliance with German labor law

5. Closing: Professional closing including company details and signature of authorized representative

What sections are optional to include in a Letter Withdrawing Offer Of Employment?

1. Compensation Statement: Include when the candidate has incurred reasonable expenses in reliance on the offer

2. Document Return Request: Include when any company documents or materials were previously provided to the candidate

3. Alternative Positions: Include when the company wishes to maintain a relationship with the candidate and can offer alternative opportunities

4. Confidentiality Reminder: Include when sensitive information was shared during the recruitment process

5. Works Council Reference: Include when the works council was involved in the hiring process

What schedules should be included in a Letter Withdrawing Offer Of Employment?

1. Copy of Original Offer: Attach when referencing specific terms or conditions from the original offer

2. Expense Reimbursement Form: Include when offering to compensate the candidate for specific reliance expenses

3. Return Materials Checklist: Include when requesting return of multiple company documents or materials

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions


















Clauses















Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Retail

Professional Services

Education

Construction

Hospitality

Telecommunications

Energy

Transportation

Media and Entertainment

Pharmaceuticals

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Recruitment

Talent Acquisition

Operations

Administration

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Recruitment Manager

Talent Acquisition Specialist

HR Operations Manager

HR Administrator

Compliance Officer

Department Director

Chief Human Resources Officer

General Counsel

HR Coordinator

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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