The Notice of Layoff Letter is a critical document in German employment law that formally communicates the termination of employment. It must be used whenever an employer intends to end an employment relationship through ordinary termination (ordentliche Kündigung) or extraordinary termination (außerordentliche Kündigung). The document must strictly comply with German labor law requirements, including the Civil Code (BGB) and Protection Against Dismissal Act (KSchG). The letter should include specific elements such as clear termination declaration, notice period calculation, and end date. Its format and content are heavily scrutinized by German labor courts, making precise drafting essential. Special considerations apply for companies with works councils, mass layoffs, or employees with special protection status. The document serves as the foundation for the termination process and may have significant legal implications if not properly executed.
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1. Header Information: Company letterhead, employee's full name and address, date of letter
2. Subject Line: Clear indication that this is a termination notice (Kündigung des Arbeitsverhältnisses)
3. Termination Declaration: Clear and unambiguous statement of employment termination with specific end date
4. Notice Period Reference: Statement of applicable notice period and its calculation according to § 622 BGB or employment contract
5. Return of Company Property: Request for return of all company property by last working day
6. Final Documentation: Reference to providing necessary employment certificates and documentation
7. Signature Block: Space for authorized representative's signature, name, and title
1. Severance Offer: Include when offering a severance package as part of the termination
2. Garden Leave: Include when employee is to be released from work duties during notice period
3. Works Council Reference: Required when works council exists and has been consulted
4. Remaining Vacation Days: Include when addressing remaining vacation days or compensation
5. Non-Compete Reminder: Include when employment contract contains post-contractual non-compete provisions
6. Special Protection Status Query: Include when requesting confirmation of any special protection status (pregnancy, severe disability, etc.)
7. Legal Recourse Information: Information about legal protection against unfair dismissal (required for companies >10 employees)
1. Calculation of Notice Period: Detailed calculation showing how notice period was determined
2. Company Property List: Itemized list of company property to be returned
3. Severance Agreement: If applicable, detailed terms of severance offer
4. Final Settlement Statement: Overview of final payment including vacation days, bonuses, etc.
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