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Termination Letter For Job Abandonment for Germany

Termination Letter For Job Abandonment Template for Germany

A formal document drafted under German employment law (specifically referencing BGB §626) that officially terminates an employment relationship due to the employee's unauthorized and extended absence from work without communication. This document serves as the final step in addressing job abandonment after documented attempts to contact the employee have failed. It includes specific details about the employment relationship, dates of absence, communication attempts, and the legal basis for termination. The letter must comply with German labor law requirements for extraordinary termination and includes provisions for final settlements and company property return.

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What is a Termination Letter For Job Abandonment?

The Termination Letter For Job Abandonment is a crucial document used in German employment contexts when an employee has ceased attending work without authorization or communication. It represents the final formal step in addressing job abandonment after previous attempts to contact the employee have been exhausted. This document must comply with German labor law, particularly BGB §626 regarding extraordinary termination for good cause, and may require works council consultation in companies where such bodies exist. The letter serves multiple purposes: it formally documents the termination, provides legal protection for the employer, and establishes a clear record for potential legal proceedings. It should only be used after documented attempts to contact the employee and following appropriate waiting periods as established by German case law. The document includes essential information about the employment relationship, specific dates of absence, communication attempts, and instructions regarding final arrangements.

What sections should be included in a Termination Letter For Job Abandonment?

1. Sender Details: Company's full legal name, address, and authorized representative details

2. Recipient Details: Employee's full name and last known address

3. Date: Current date of the termination letter

4. Subject Line: Clear indication that this is a termination letter due to job abandonment

5. Employment Details: Reference to employment contract, start date, and position

6. Factual Background: Documentation of unauthorized absence, including specific dates and duration

7. Previous Communication: Summary of attempts to contact the employee and any warnings issued

8. Termination Declaration: Clear statement of employment termination with immediate effect

9. Legal Basis: Reference to relevant sections of German law (particularly BGB §626) justifying the termination

10. Final Instructions: Instructions regarding return of company property and collection of personal belongings

11. Signature: Authorized representative's signature and company stamp

What sections are optional to include in a Termination Letter For Job Abandonment?

1. Works Council Reference: Statement about works council consultation, required if company has a works council

2. Outstanding Payments: Details of final salary payment and other outstanding financial matters, if applicable

3. Non-Compete Reminder: Reminder of post-employment obligations, if specified in original contract

4. Healthcare Insurance Notice: Information about the termination's effect on health insurance, particularly relevant for foreign employees

What schedules should be included in a Termination Letter For Job Abandonment?

1. Contact Attempt Log: Chronological documentation of all attempts to contact the employee

2. Warning Letters: Copies of any previous warning letters or notifications sent to the employee

3. Delivery Confirmation: Proof of registered mail delivery or other formal delivery method

4. Final Account Statement: Detailed statement of final payments, deductions, and outstanding amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Employment Form

Cost

Free to use

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