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Separation Notice From Job Template for Germany

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Key Requirements PROMPT example:

Separation Notice From Job

"I need a Separation Notice From Job drafted under German law for a senior software developer who has worked for 5 years at our tech company, with the termination to take effect on March 31, 2025, including provisions for project handover and strict IP protection."

Document background
A Separation Notice From Job (Kündigung) is a crucial document in German employment law that formally terminates an employment relationship. It must be used whenever an employer wishes to end an employment relationship through ordinary termination (ordentliche Kündigung) or extraordinary termination (außerordentliche Kündigung). The document needs to comply with various German labor laws, including the German Civil Code (BGB), Protection Against Dismissal Act (KSchG), and potentially the Works Constitution Act (BetrVG) if a works council exists. The notice must be in writing, contain specific elements such as clear termination language and proper notice periods, and be properly delivered to the employee. Failure to meet these requirements can result in invalid termination and potential legal disputes.
Suggested Sections

1. Employer Details: Full legal name and address of the employer

2. Employee Details: Full name, address, and employee ID of the employee

3. Date: Current date and location

4. Subject Line: Clear indication that this is a termination notice (Kündigung)

5. Termination Statement: Clear and unambiguous statement of employment termination

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

7. Legal Basis: Reference to relevant employment contract clause and/or legal basis for termination

8. Return of Company Property: Request for return of all company property by the last working day

9. Final Payment Information: Information about final salary, vacation days settlement, and other outstanding payments

10. Signature Block: Space for employer's signature with full name and title

Optional Sections

1. Reason for Termination: Include only if required by law or if providing a reason strengthens the legal position. Generally not required for ordinary terminations

2. Reference Letter Notice: Information about the employee's right to receive a reference letter, included when positive relations should be maintained

3. Garden Leave: Include if the employee is to be released from work duties during the notice period

4. Non-Compete Reminder: Include if there are post-employment competition restrictions

5. Unemployment Insurance Notice: Information about registration with employment agency, included for social responsibility

6. Works Council Reference: Must be included if works council was consulted on the termination

Suggested Schedules

1. Certificate of Employment: Simple confirmation of employment duration and role

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

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

4. Handover Protocol: Template for documenting handover of ongoing projects and responsibilities

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

Relevant legal definitions















Clauses




















Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Telecommunications

Transportation

Energy

Media

Real Estate

All sectors (document is sector-agnostic)

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Administration

Personnel Management

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

HR Administrator

Personnel Officer

Compliance Officer

General Counsel

Managing Director

Department Head

Line Manager

Operations Manager

Chief Human Resources Officer

HR Specialist

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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