Immediate Termination Without Notice Template for Germany

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Key Requirements PROMPT example:

Immediate Termination Without Notice

"I need to draft an Immediate Termination Without Notice letter for our IT manager who was found deliberately leaking confidential client data to competitors on January 15, 2025; the letter needs to be compliant with German law and include references to our confidentiality policies."

Document background
An Immediate Termination Without Notice (außerordentliche Kündigung) is the most severe form of employment termination under German law. This document is used when an employment relationship must be terminated immediately due to serious misconduct or other compelling reasons that make it unreasonable for either party to continue the employment relationship until the end of a notice period. The legal basis is primarily found in §626 BGB (German Civil Code), which requires the terminating party to establish compelling reasons and issue the termination within two weeks of becoming aware of the relevant facts. The document must be written in a way that clearly states the grounds for termination, complies with formal requirements under German law, and can withstand scrutiny in labor court proceedings. Typical scenarios for use include serious breaches of trust, criminal acts, persistent refusal to work, or other significant violations of employment obligations.
Suggested Sections

1. Recipient Details: Full name and address of the employee, including their position

2. Subject Line: Clear indication that this is an immediate termination without notice (Außerordentliche Kündigung)

3. Declaration of Termination: Clear and unambiguous statement of immediate termination of employment

4. Grounds for Termination: Detailed description of the compelling reasons justifying immediate termination

5. Legal Basis: Reference to relevant legal provisions, particularly §626 BGB

6. Effective Date: Specification of the immediate termination date

7. Return of Company Property: Request for immediate return of all company property

8. Final Settlement: Information about final salary payment and outstanding vacation days

9. Signature Block: Company details and authorized signatory information

Optional Sections

1. Garden Leave: Include when the employee is to be released from duty during their notice period

2. Works Council Reference: Include when a works council exists and has been consulted

3. Non-Compete Reminder: Include when existing employment contract contains post-contractual non-compete obligations

4. Legal Action Timeline: Include information about the deadline for filing an action against unfair dismissal

5. Reference Letter: Include mention of forthcoming employment reference letter if applicable

Suggested Schedules

1. Evidence Documentation: Attachments documenting the grounds for termination

2. Property List: List of company property to be returned

3. Final Account Statement: Detailed calculation of final payment including outstanding salary, vacation days, and other benefits

4. Works Council Statement: If applicable, documentation of works council consultation and their position

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

Relevant Industries

Manufacturing

Financial Services

Technology

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Transportation

Energy

Telecommunications

Media

Real Estate

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Employee Relations

Risk Management

Personnel Administration

Relevant Roles

HR Director

Legal Counsel

Chief Human Resources Officer

Employment Lawyer

HR Manager

Compliance Officer

Department Manager

Managing Director

CEO

General Counsel

HR Business Partner

Personnel Administrator

Risk Manager

Employee Relations Specialist

Industries
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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