Settlement Agreement Between Employee And Employer Template for Germany

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Key Requirements PROMPT example:

Settlement Agreement Between Employee And Employer

"I need a Settlement Agreement Between Employee And Employer under German law for a senior executive's departure by mutual consent, including provisions for stock options, a 6-month non-compete clause, and ongoing consultancy arrangements post-termination."

Document background
The Settlement Agreement Between Employee And Employer is a crucial document in German employment law, used when both parties agree to terminate their employment relationship by mutual consent. It serves as an alternative to unilateral termination and is commonly used in situations involving redundancies, performance issues, or general restructuring. The agreement must comply with German labor law requirements, including the Civil Code (BGB), Protection Against Dismissal Act (KSchG), and relevant tax regulations. It typically includes provisions for severance payments, final salary arrangements, treatment of benefits, confidentiality obligations, and mutual releases. Special attention must be paid to German-specific requirements such as works council involvement where applicable and the mandatory fair and clear language requirements under German law. The document provides legal certainty by preventing future employment-related claims while ensuring all statutory entitlements are properly addressed.
Suggested Sections

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

2. Background: Brief history of employment relationship, reason for settlement, and reference to any ongoing disputes if applicable

3. Definitions: Key terms used throughout the agreement

4. Termination of Employment: Specific date and terms of employment termination, including last working day and garden leave if applicable

5. Settlement Payments: Details of all financial compensation, including severance pay, outstanding salary, bonus, and holiday pay

6. Tax and Social Security: Treatment of payments for tax and social security purposes

7. Company Property: Requirements and timeline for return of company property

8. Confidentiality: Ongoing obligations regarding confidential information

9. Post-termination Restrictions: Confirmation of which existing post-termination restrictions remain in force

10. Mutual Release: Waiver of claims by both parties

11. Reference: Agreement on the form and content of employment reference

12. Final Provisions: Governing law, severability, and entire agreement provisions

13. Execution: Signature blocks and date

Optional Sections

1. Works Council Approval: Required when works council exists and their involvement is necessary

2. Outplacement Support: Include when employer provides career transition services

3. Company Pension: Required when addressing treatment of pension rights

4. Stock Options/Share Awards: Include when dealing with existing equity compensation

5. Legal Costs: Include when addressing payment of employee's legal fees

6. Garden Leave: Include when employee will be placed on garden leave

7. Insurance Continuation: Include when addressing continued insurance coverage

8. Cooperation in Pending Matters: Include when employee's assistance may be needed post-termination

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components including severance, bonus, and other entitlements

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

3. Schedule 3 - Agreed Reference: Form of agreed employment reference (Arbeitszeugnis)

4. Schedule 4 - Existing Post-termination Restrictions: Copy of relevant restrictions from employment contract that survive

5. Appendix A - Legal Notice: Statutory information about settlement agreement rights and limitations

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

Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Energy

Telecommunications

Construction

Education

Automotive

Pharmaceuticals

Media and Entertainment

Transportation and Logistics

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Finance

Personnel Administration

Employee Relations

Industrial Relations

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employment Lawyer

HR Business Partner

Compensation and Benefits Manager

Employee Relations Manager

HR Administrator

Chief Human Resources Officer

Recruitment Manager

Personnel Officer

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Department Manager

Line Manager

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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