The Dismissal Notice is a crucial document in German employment law, used when an employer wishes to formally terminate an employment relationship. It must strictly comply with German legal requirements, including the written form requirement under 搂 623 BGB and, where applicable, the Protection Against Dismissal Act (K眉ndigungsschutzgesetz). The document serves as official notification of employment termination and must include specific elements such as clear termination intent, notice period, and last working day. In companies with works councils, prior consultation is mandatory. The notice must be signed by authorized representatives and delivered properly to be legally effective. Special considerations apply for protected employees (e.g., pregnant women, severely disabled persons) and in cases of immediate termination for cause.
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1. Sender Details: Full company name, address, and authorized representative details
2. Recipient Details: Employee's full name and address
3. Date: Date of issuing the dismissal notice
4. Clear Statement of Termination: Unambiguous declaration of employment termination (K眉ndigungserkl盲rung)
5. Last Working Day: Specific mention of the last day of employment, considering notice periods
6. Notice Period Reference: Reference to applicable notice period and its calculation
7. Return of Company Property: Request for return of all company property
8. Signature: Original signature of authorized representative(s)
1. Reason for Termination: Include only if specifically required or if it's a termination for cause
2. Garden Leave: Include if employee is to be released from duty during notice period
3. Final Settlement: Include if addressing final salary, vacation days, or other compensation
4. Reference Letter: Include if offering to provide a reference letter
5. Works Council Reference: Include if works council was consulted, mandatory in companies with works councils
6. Severance Offer: Include if offering severance payment
7. Legal Remedy Instructions: Include information about legal remedies (Rechtsmittelbelehrung), recommended especially for larger companies
1. Works Council Consultation Document: Attach if works council was consulted
2. Calculation of Outstanding Payments: Detailed calculation of final payments, vacation days, etc.
3. Severance Agreement: If severance is offered, attach detailed terms
4. Handover Protocol Template: Template for documenting the return of company property
5. Certificate of Employment: Simple confirmation of employment (einfaches Arbeitszeugnis)
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