A notice of termination via recorded delivery without a delivery receipt is ineffective
In Germany, sending a letter via recorded delivery is generally considered to be a secure from of delivery; yet this impression is deceptive when it comes to legally certain proof of actual receipt. Employers who rely on this form of dispatch should have a precise understanding of the legal requirements in order to avoid effectiveness risks in the case of notices of termination.
An employee was given notice of termination by her employer. The termination letter was sent by recorded delivery. As evidence, the employer provided the posting receipt and the status of the delivery from the Deutsche Post. However, the employer was not able to produce a delivery receipt. The Federal Labour Court (Bundesarbeitsgericht, BAG), in its decision of 30.1.2025 (case reference: 2 AZR 68/24), clarified that the evidence that had been produced was not sufficient. The posting receipt and the status of the delivery did not provide sufficient proof that the letter had actually reached the employee’s sphere of control, for example, by being placed in the home letterbox. The requisite proof of receipt had therefore not been produced.
The BAG stressed that, in the case of recorded delivery, the receipt of the letter cannot be automatically presumed. Instead, specific proof is required - for example, via a delivery receipt - that can document the actual submission. Without such proof the notice of termination remains ineffective. For employers, this means that the receipt of legally relevant notices should be reliably documented. Those who depend on dispatch by post should either request a copy of the delivery receipt in good time, or alternatively opt for alternative forms of delivery. This includes, for example, a personal submission with witnesses, or delivery by a bailiff.
