[co-author: Pauline von Stechow]
Under German employment law, proof that an employee has received a letter is not just a formality—it’s a critical legal requirement. For a notice of termination to be legally valid, the employer must be able to prove it was delivered. Failure to do so can render the termination void, leading to costly legal battles and extended salary payments. This raises a crucial question for employers: Which delivery method is legally sound? In a recent decision highlighting this issue, the Hamburg Regional Labor Court (LAG) found that even a registered letter sent via “Deutsche Post” is not sufficient to provide prima facie evidence of receipt.
Quick Hits
The Case—Reintegration of an Employee on Long-term Sick Leave
The dispute concerned the validity of a dismissal due to illness. The employer had sent the frequently ill employee an invitation to participate in the employer’s new workplace integration management program (bEM) by registered mail. The employee alleged that he had not received the letter.
The Decision—Dismissal Due to Illness Invalid Despite Negative Health Prognosis
The Hamburg Labor Court ruled in the first instance that the dismissal was invalid because the employer could not prove that the employee had...
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