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Exit Agreement

Exit Agreement Template for Germany

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Key Requirements PROMPT example:

Exit Agreement

"I need an Exit Agreement for a senior software developer who has agreed to leave the company by mutual consent on March 31, 2025, including provisions for a 6-month non-compete clause and retention of company-issued laptop for the notice period."

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Document background
The Exit Agreement (Aufhebungsvertrag) is a crucial document in German employment law used when both employer and employee agree to terminate the employment relationship by mutual consent. It serves as an alternative to unilateral termination and is commonly used in corporate restructurings, leadership changes, or when parties wish to avoid potential dismissal disputes. The document must comply with strict German legal requirements, including specific provisions for severance payments, social security implications, and tax considerations. It typically includes comprehensive terms regarding financial settlements, continuing obligations, and benefit arrangements, while ensuring protection for both parties' interests. The agreement is particularly important in Germany due to the country's strong employment protection laws and the complexity of unilateral termination procedures.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and mutual decision to terminate

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Clear specification of the employment termination date and last working day

5. Financial Settlement: Details of severance payment, outstanding salary, bonus payments, and other financial compensation

6. Company Property: Provisions for returning company property and documents

7. Confidentiality Obligations: Ongoing obligations regarding confidential information

8. Final Settlement: Confirmation that all claims between parties are settled (Ausgleichsklausel)

9. Reference Letter: Agreement regarding the provision of a reference letter (Arbeitszeugnis)

10. Social Security and Tax Treatment: Clarification of social security implications and tax treatment of payments

11. Governing Law: Confirmation of German law application and jurisdiction

12. Signatures: Execution block for both parties

Optional Sections

1. Garden Leave: Used when employee is released from duty for remaining employment period

2. Post-contractual Non-compete: Include when maintaining or establishing post-employment competition restrictions

3. Outplacement Services: When employer provides career transition support

4. Company Benefits Continuation: When certain benefits (insurance, company car, etc.) continue post-termination

5. Stock Options/Share-based Compensation: Required for employees with equity compensation arrangements

6. Works Council Approval: Required when works council involvement is necessary

7. Legal Costs: Include when addressing payment of legal advisory costs

8. Pension Arrangements: Required when addressing company pension scheme implications

Suggested Schedules

1. Schedule 1: Payment Calculation: Detailed breakdown of all financial payments including severance, outstanding salary, and benefits

2. Schedule 2: Company Property List: Itemized list of company property to be returned

3. Schedule 3: Continuing Obligations: Detailed list of surviving contractual obligations

4. Appendix A: Reference Letter Draft: Agreed form of employment reference letter

5. Appendix B: Benefits Summary: Details of any continuing benefits and their duration

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Termination Date
Last Working Day
Company
Employee
Employment Contract
Severance Payment
Confidential Information
Company Property
Reference Letter
Works Council
Garden Leave Period
Outstanding Remuneration
Benefits
Bonus Payment
Variable Compensation
Settlement Amount
Effective Date
Group Companies
Continuing Obligations
Release Claims
Professional Reference
Contractual Documents
Notice Period
Social Security Contributions
Tax Obligations
Governing Law
Business Secrets
Non-Compete Obligations
Outplacement Services
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Telecommunications

Automotive

Energy

Construction

Media and Entertainment

Pharmaceuticals

Logistics

Consumer Goods

Insurance

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Production

Quality Assurance

Customer Service

Administration

Strategy

Procurement

Business Development

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Sales Representative

Financial Controller

HR Manager

Operations Manager

Marketing Director

Account Manager

Research Scientist

Production Supervisor

Legal Counsel

Business Analyst

Technical Lead

Administrative Assistant

Regional Manager

Product Manager

Industries
Bürgerliches Gesetzbuch (BGB) - German Civil Code: Contains fundamental contract law provisions and employment contract regulations, particularly §§ 305-310 (General Terms and Conditions), §§ 611-630 (Employment Contract Law)
Kündigungsschutzgesetz (KSchG) - Employment Protection Act: Relevant for comparing the exit agreement terms with standard termination protection rights that the employee may be waiving
Einkommensteuergesetz (EStG) - Income Tax Act: Governs taxation of severance payments and other benefits included in the exit agreement, particularly § 24 Nr. 1a and § 3 Nr. 9
Sozialgesetzbuch III (SGB III) - Social Security Code III: Regulates unemployment benefits and potential blocking periods (Sperrzeit) following an exit agreement
Betriebsverfassungsgesetz (BetrVG) - Works Constitution Act: Relevant if there's a works council, as it may have participation rights regarding standardized exit agreements
Allgemeines Gleichbehandlungsgesetz (AGG) - General Equal Treatment Act: Ensures the exit agreement doesn't discriminate based on protected characteristics
Nachweisgesetz (NachwG) - Evidence Act: Requires certain terms of the employment termination to be documented in writing
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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