Receipt of a termination: When is a termination notice delivered on time?

A termination only takes effect once the employee receives it. Receipt triggers both the notice period and the three-week deadline for filing an unfair dismissal claim. The exact timing of delivery can therefore have significant financial consequences, sometimes shifting the employment end date by several months. This article explains when a termination is legally considered received and what employees should watch out for.

Basic rules for the receipt of a termination

A termination is a declaration requiring receipt. That means it only takes effect once the employee actually receives it.

Example: An employer wants to terminate an employee. The signed termination letter sits on the employer’s desk for a week. Until the letter leaves the desk and reaches the employee, no termination has been made.

Delivery can happen in two ways:

1. The employer (or an authorized person) hands the letter to the employee.
2. The employer sends the letter via courier or post.

Generally, a termination is considered received once it leaves the employer’s control and enters the employee’s sphere of influence (e.g., home mailbox). The same applies when an employee resigns.

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Consequences of receipt

Receipt is crucial for two reasons:

1. Notice period: Example: An employee receives a termination on 30 April with one month’s notice to the end of the month. The employment ends on 31 May. If the employee receives the letter one day later, on 1 May, the employment ends on 30 June. That means an extra month’s salary.
2. Deadline for unfair dismissal claims: The three-week deadline to file an unfair dismissal claim starts with receipt. If the employee misses this deadline, the termination is considered valid from the start.

The termination must be in writing

A termination must always be in written form. Electronic terminations by email, WhatsApp, or similar are invalid. The notice must be a paper hardcopy with a handwritten signature (“wet-ink”). Because this rule feels outdated in today’s digital world, mistakes happen often—especially in international companies unfamiliar with German law.

Equally important: The signature must come from a person authorized to dismiss, such as the managing director, board member, or HR director. A notice signed without proper authority can be immediately rejected (§ 174 BGB). Such a termination is invalid.

When is a termination considered received?

A termination is received once it enters the employee’s sphere of influence and could be accessed under normal circumstances. It does not matter when the employee actually reads it.

Ways of delivery:

• Personal handover: receipt is immediate.
• Mailbox delivery: receipt occurs when, according to common practice, the letter could be collected during the next expected mailbox check. Disputes often arise if delivery happens late in the day or on weekends.

Recent court ruling on receipt

A 2024 decision by the Federal Labour Court (Bundesarbeitsgericht, BAG) highlights how important the exact time of receipt can be.

In this case, the employer and employee had agreed on a three-month notice period to the end of a quarter. The employer gave notice to terminate by 31 December 2021. The letter was placed in the employee’s mailbox on 30 September 2021. But the employee argued it was only delivered on 1 October, claiming no post could be expected at that time of day. She wanted the employment to continue until 31 March 2022.

The courts at all levels rejected her claim. The BAG ruled that delivery occurs once the letter is in the mailbox and the employee could reasonably take note of it. What matters is the usual time of postal delivery, which depends on the working hours of postal staff and delivery routes. Even if delivery happens late in the evening, employees must expect it. As the employee could not prove exceptional circumstances (such as a postal strike or frequent misdeliveries), the court held that receipt occurred on 30 September. The termination was therefore effective to 31 December 2021.

Burden of proof

The party giving notice must prove delivery. If an employer gives notice and the employee denies receipt, the employer must prove the service of the termination notice.

• Ordinary mail: offers no proof of delivery. If the employee denies receipt, the employer has no evidence.
• Registered mail (Einwurf-Einschreiben): provides stronger evidence, as the letter is placed in the mailbox even if the employee is absent. A delivery slip is created, but it is still not absolute proof.
• Registered mail with return receipt: shows that the letter was delivered on a certain date. But if the postman cannot hand it over, only a collection slip is left. The notice counts as received only once the employee collects it. If not collected, the termination is not validly delivered. Courts may treat refusal to collect as abusive, but it depends on the case.
• Courier or messenger delivery: Often used to ensure proof. With one or even two witnesses, it becomes difficult for the employee to deny receipt.

Frequently asked questions (FAQ)