[co-author: Niklas Thiel]

A perennial issue in German labor law practice: If termination without notice is being considered due to a strong suspicion of a serious breach of duty (termination on suspicion), the employer must promptly hear the affected employee before issuing the termination. But what applies if the affected employee is on vacation and therefore (apparently) unavailable?

Quick Hits

• Germany’s Federal Labor Court held that an employer’s failure to attempt contact with a vacationing employee for the purpose of a required hearing before issuing an extraordinary termination on suspicion rendered the termination invalid for exceeding the two-week notice period.
• An employer must make a reasonable attempt to reach an employee on vacation within one week of learning the relevant facts, and only such an attempt will suspend the running of the statutory notice period.
• The notice period will be suspended regardless of whether the contact attempt succeeds, but an employer may refrain from attempting contact only in exceptional circumstances.

The Federal Labor Court (Bundesarbeitsgericht (BAG)) (Decision of Dec. 4, 2025 – Ref. No. 2 AZR 55/25) clarifies: Employers must generally attempt to contact the employee who is absent due to vacation in order to facilitate a timely hearing. Under Section 626(2) of the German Civil Code (Bürgerliches Gesetzbuch (BGB)), the start of the two-week notice period for extraordinary termination is suspended only if the employer makes an...

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