Definition
A notice of termination takes effect once it has been received by the employee – that is, once it has been placed in their letterbox or within their control in such a way that they can read it under normal circumstances. The most reliable method is to hand it over in person or have it delivered by a courier who can act as a witness to the process. A registered letter with acknowledgement of receipt is unreliable because delivery fails if the letter is not collected. Verbal notices of termination, as well as those sent by email, fax or text message, are invalid – the law requires written form with a handwritten signature.
Specialist solicitor in employment law
Over 15 years’ experience in employment law
Classification under employment law
A notice of termination takes effect when it has been received by the recipient (Section 130 of the German Civil Code) – i.e. when it comes within their control in such a way that they can take note of it under normal circumstances. The employer bears the burden of proof regarding receipt. A registered letter with proof of delivery is considered the most secure method of transmission; a registered letter with return receipt, on the other hand, is riskier, as non-collection means that delivery is not effected.
Distinction from related terms
Receipt: A notice of termination only becomes effective once it has been received by the employee, i.e. once it has come within their control. Receipt is therefore decisive for the commencement of time limits.
Registered post: Registered post is only one of several methods of delivery and does not provide reliable proof of receipt. What is decisive is not the method of dispatch, but the actual receipt of the notice of termination.
Practical tip
Was the notice of termination in your letterbox whilst you were on holiday? What matters is not when you read the letter, but when it was objectively posted into your letterbox. Even if you are on holiday, the notice is deemed to have been received – and the three-week period for taking legal action begins. Have your post checked regularly whilst on holiday or ask someone you trust to do so.
