Labour law: Receipt of the notice of termination by the employee

Particularly in the case of extraordinary termination without notice, the letter of termination must be received by the employee within two weeks of becoming aware of the reason for termination. Delays lead to the termination being invalid unless ordinary termination is possible.

Problems with delivery:

Normal registered letter: Is often used incorrectly, as only a notification slip is left if the employee is absent. If the employee does not collect the letter, the notice is deemed not to have been delivered.

Registered letter: Here, the letter is posted directly into the letterbox, even if the employee is absent. This has been confirmed by the Baden-Württemberg Regional Labour Court. However, the employer must be able to prove the posting (e.g. through witnesses and documentation).

Recommended methods of delivery:

Personal delivery: The safest way with written confirmation of receipt.

Courier service: Possible if the deliverer knows the contents of the letter and can testify to this. A photo of the letterbox with a name plate can also help.

Bailiff: Reliable, but time-consuming. In urgent cases, an express bailiff can be commissioned.

Questions of proof:

Managing directors or owners cannot testify to the delivery, as they are not considered witnesses in court.

Other employees (e.g. HR manager) or external deliverers can be named as witnesses.

Personal delivery with confirmation of receipt remains the preferred method to ensure deadlines are met.