The Termination Letter With Cause is a critical document in German employment law, used when an employer needs to terminate an employment relationship immediately due to serious misconduct or other compelling reasons. This document must be carefully drafted to comply with strict German labor law requirements, particularly the German Civil Code (BGB) and the Protection Against Dismissal Act (KSchG). The letter must be issued within two weeks of the employer becoming aware of the grounds for termination and must clearly state the cause(s) for termination. It should include specific details about the incidents or circumstances that justify the immediate termination, employment contract details, and formal requirements such as works council consultation where applicable. The document serves as a legal basis for the termination and may be subject to scrutiny in labor courts if challenged.
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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 the termination letter (crucial for notice periods and deadlines)
4. Subject Line: Clear indication that this is a termination letter (Kündigung aus wichtigem Grund)
5. Employment Reference: Reference to the employment contract, position, and start date
6. Termination Declaration: Clear and unambiguous statement of termination with immediate effect
7. Cause Description: Detailed description of the specific cause(s) for termination, including relevant dates and incidents
8. Legal Basis: Reference to relevant legal provisions (e.g., § 626 BGB) and contract terms
9. Return of Company Property: Request for return of all company property
10. Signature: Signature block for authorized company representative
1. Works Council Reference: Statement confirming works council consultation, required if company has a works council
2. Garden Leave: Instructions regarding garden leave if applicable
3. Final Settlement: Information about final salary payment and outstanding benefits
4. Non-Compete Reminder: Reference to existing non-compete obligations if applicable
5. Certificate of Employment: Information about the forthcoming employment certificate
6. Legal Rights Notice: Information about the employee's right to challenge the termination
1. Evidence Documentation: Copies of relevant documentation supporting the cause for termination
2. Works Council Response: Copy of works council's response to termination consultation (if applicable)
3. Prior Warnings: Copies of any prior written warnings issued to the employee
4. Incident Reports: Documentation of specific incidents leading to termination
5. Handover Protocol: List of company property to be returned and handover procedures
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