The Separation Letter From A Job (Aufhebungsvertrag) is a crucial document in German employment law used when an employer and employee mutually agree to end their employment relationship. It's typically used as an alternative to unilateral termination and offers more flexibility in negotiating terms while providing legal certainty for both parties. The document must comply with German labor law requirements and typically includes essential information such as termination date, financial settlements, benefit arrangements, and ongoing obligations. It's particularly relevant in situations involving restructuring, voluntary departures, or when both parties seek an amicable separation. The document must be carefully drafted to ensure it meets all legal requirements under German law and provides clear terms that protect both parties' interests.
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1. Letter Header: Company letterhead, date, and employee's contact information
2. Subject Line: Clear indication that this is a separation letter (Aufhebungsvertrag)
3. Opening Statement: Reference to previous discussions and mutual agreement to terminate employment
4. Termination Details: Specific date of employment termination and last working day
5. Final Payment Terms: Information about final salary, pro-rated bonus if applicable, and payment timing
6. Company Property: Requirements for returning company property and timeline
7. Reference Letter: Confirmation that a reference letter (Arbeitszeugnis) will be provided
8. Closing: Signature blocks for both employer and employee
1. Severance Payment: Details of any severance payment offered, including amount and payment terms
2. Garden Leave: If applicable, terms of garden leave period
3. Non-Compete Provisions: If maintaining or releasing existing non-compete obligations
4. Benefits Continuation: Details about any extended benefits or insurance coverage
5. Confidentiality Obligations: Reminder of ongoing confidentiality obligations
6. Release of Claims: Mutual release of claims between parties
7. Vacation Days Settlement: Calculation and settlement of remaining vacation days
8. Reference Contact: Designated contact person for future reference requests
1. Final Payment Calculation: Detailed breakdown of final payment including salary, vacation pay, and any other compensation
2. Company Property List: Itemized list of company property to be returned
3. Benefits Summary: Summary of benefit termination dates and any continued coverage
4. Reference Letter Draft: Draft of the agreed reference letter (Arbeitszeugnis)
5. Exit Checklist: Checklist of tasks to be completed before last working day
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