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Notice Of Departure Template for Germany

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Key Requirements PROMPT example:

Notice Of Departure

"I need a Notice of Departure for a senior software developer who has worked at our Berlin tech company for 5 years and will be leaving on March 15, 2025, with standard confidentiality obligations and a need to complete knowledge transfer before departure."

Document background
The Notice of Departure (Kündigungserklärung) is a crucial document in German employment law that formalizes the termination of an employment relationship. It must be used whenever an employment contract is terminated, whether initiated by the employer or in response to an employee's resignation. The document must strictly comply with German Civil Code (BGB) requirements, particularly §§ 622 and 623, which mandate written form and specify notice periods. Key information included covers the termination declaration, last working day, final settlement details, and company property return requirements. When used in companies with works councils, additional consultation requirements apply. The notice must be clear, unambiguous, and meet all formal requirements to be legally valid under German law.
Suggested Sections

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 notice issuance

4. Subject Line: Clear indication that this is a Notice of Departure (Kündigungserklärung)

5. Employment Termination Declaration: Clear and unambiguous statement of employment termination

6. Last Working Day: Specific mention of the final day of employment, considering statutory notice periods

7. Return of Company Property: List of company items to be returned before departure

8. Final Settlement: Information about final salary, unused vacation days, and other outstanding payments

9. Signature Block: Space for authorized representative's signature and company stamp

Optional Sections

1. Works Council Reference: Statement confirming works council consultation, required if company has a works council

2. Garden Leave: Details about garden leave if applicable

3. Post-Employment Obligations: Reference to continuing obligations such as confidentiality or non-compete clauses if existing in employment contract

4. Reference Letter Request: Information about providing a work reference letter if specifically addressed in the notice

5. Handover Instructions: Specific instructions for knowledge transfer and work handover if required

Suggested Schedules

1. Company Property List: Detailed list of company property to be returned

2. Final Settlement Calculation: Breakdown of final payment including salary, vacation days, and other benefits

3. Handover Checklist: List of tasks and responsibilities to be handed over before departure

Authors

Alex Denne

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

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Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Education

Construction

Logistics

Hospitality

Energy

Telecommunications

Media

Automotive

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Personnel Administration

Employee Relations

Operations Management

Executive Office

Administrative Services

Relevant Roles

HR Manager

Legal Counsel

Department Director

Line Manager

HR Business Partner

Compliance Officer

Operations Manager

Executive Assistant

Office Manager

Personnel Administrator

HR Director

General Counsel

Chief Human Resources Officer

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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