Germany: templates and forms

A German resignation letter (Eigenkündigung): ordinary notice ending your employment on the date you choose, or else on the next possible date, asking for confirmation of receipt, a full employment reference (qualifiziertes Arbeitszeugnis) and for remaining leave to be granted or paid out. Under § 623 of the German Civil Code (BGB), notice ending employment is valid only on paper signed by hand — e-mail, fax, scans and every other electronic form are void. In German, to print, sign and hand over with proof of delivery.

A contract between a business and a self-employed freelancer in Germany — in design, copywriting, programming, consulting or media, for example — granting usage rights in the work results under the German Copyright Act (UrhG). It describes genuinely independent work, without instructions on time, place and method and without integration into the client's organisation, and covers the fee, the small-business VAT rule, the artists' social levy, confidentiality and termination. It states the risk of disguised employment plainly: the facts decide, not the label (§ 7(1) SGB IV). With a choice on the status determination under § 7a SGB IV. In German.

A letter asking a German employer for a full employment reference (qualifiziertes Arbeitszeugnis) on leaving, or an interim reference (Zwischenzeugnis) while still employed — expressly covering performance and conduct, because without that request the employer owes only a basic reference stating the type and length of the work (§ 109 of the German Trade Regulation Act, GewO). It gives the job, the period of employment, the reason and a date by which the reference should be posted. No form is prescribed for the request. In German.

An agreement barring an employee in Germany from competing after the job ends, in German, under §§ 74 ff. of the German Commercial Code (HGB): the barred activities, the area, a length of at most two years and the compensation of at least half the last pay without which the ban is not binding. With the offset of other earnings, the duty to report them and the employer's waiver under § 75a HGB. Written form: print it, both sign by hand, and the employee is handed an original signed by the employer.

An agreement ending a German employment relationship by mutual consent (Aufhebungsvertrag), in German: end date, pay and garden leave, severance, remaining leave, a reference with an agreed grade, employment papers and a clean-break clause. Its preamble records the reason that decides whether unemployment benefit is blocked for 12 weeks (§ 159 SGB III), and it warns of that block and of the duty to register as a job-seeker. Under § 623 of the German Civil Code (BGB) it is valid only if printed and signed by hand by both sides: the electronic form is excluded.

A letter to a German bank or savings bank (Sparkasse) closing your current account (Girokonto), whether you are leaving altogether or switching to a new bank. It gives the IBAN, the account holder and date of birth, the closing date you want and the account for the remaining balance, ends the linked cards, overdraft and online banking, and asks for written confirmation. Under § 675h of the German Civil Code (BGB) you may close the account at any time without notice, unless a notice period of at most one month was agreed, and closing is free. A choice covers switching through the statutory switching service (§§ 20 ff. ZKG). In German.

A permanent employment contract for full- or part-time work in Germany, in German, with every essential term the German Evidence Act (Nachweisgesetz, NachwG) requires: start, job, place of work, probation, hours and breaks, overtime, pay and when it is due, the minimum wage, leave, notice periods under § 622 of the German Civil Code (BGB), the written form of a dismissal and the deadline to sue, collective agreements, training and pension. Its time limit for claims leaves the minimum wage untouched and asks only for text form.