The Mutual Agreement Resignation (Aufhebungsvertrag) is a crucial document in German employment law that facilitates the consensual termination of employment relationships. It is typically used when both employer and employee wish to end the employment relationship amicably, outside of standard notice periods or when restructuring occurs. This document type is particularly relevant in situations involving corporate reorganizations, career changes, or when parties seek to avoid potential disputes related to unilateral termination. The agreement must comply with German labor law requirements, including written form requirements under § 623 BGB, and typically includes comprehensive provisions on financial settlements, benefit arrangements, and post-employment obligations. Special attention must be paid to unemployment benefit implications and the voluntary nature of the agreement to ensure its validity under German law.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers
2. Background: Brief context of the existing employment relationship, including start date and current position
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Clear specification of the employment end date and last working day
5. Financial Settlement: Details of final salary, bonuses, and any severance payment
6. Holiday Entitlement: Settlement of remaining vacation days and any compensation for unused leave
7. Company Property: Requirements for returning company property and handling of work-related documents
8. Confidentiality: Ongoing obligations regarding confidential information
9. Final Settlement: Confirmation that all claims between parties are settled
10. Reference Letter: Agreement regarding the provision of employment reference letter (Arbeitszeugnis)
11. Governing Law: Confirmation of German law application and jurisdiction
1. Non-Competition: Post-employment competition restrictions, if applicable to the employee's role
2. Benefits Continuation: Any agreement about continuation of specific benefits post-employment
3. Outstanding Bonus Schemes: Treatment of ongoing bonus schemes or long-term incentives
4. Works Council Notice: Reference to works council involvement, if applicable to the organization
5. Outplacement Support: Details of any career transition services offered
6. Company Housing: Arrangements regarding company-provided accommodation, if applicable
7. Insurance Continuation: Provisions for continuing any insurance coverage
8. Stock Options/Shares: Treatment of any employee stock options or share schemes
1. Schedule 1: Financial Settlement Calculation: Detailed breakdown of all financial payments including salary, severance, and other benefits
2. Schedule 2: Company Property List: Itemized list of company property to be returned
3. Schedule 3: Benefit Summary: Summary of benefits and their treatment post-termination
4. Appendix A: Data Privacy Notice: Information about handling of personal data post-employment
5. Appendix B: Reference Letter Draft: Draft or outline of the agreed employment reference letter
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Relevant Industries
Banking and Financial Services
Manufacturing
Technology
Healthcare
Retail
Professional Services
Construction
Education
Telecommunications
Automotive
Energy
Media and Entertainment
Logistics and Transportation
Real Estate
Pharmaceutical
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Production
Customer Service
Administrative Services
Quality Assurance
Procurement
Business Development
Relevant Roles
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Project Manager
Software Developer
Sales Representative
Financial Analyst
Human Resources Manager
Operations Manager
Marketing Executive
Research Scientist
Administrative Assistant
Production Supervisor
Account Manager
Legal Counsel
Technical Specialist
Customer Service Representative
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