Terminating an employment contract by email: valid or not?

In today’s digital world, it is common to handle everyday tasks by email – but what about termination by email? Imagine sitting at your desk and suddenly receiving an email from your boss stating that your employment is over. Or perhaps you want to send an email termination notice yourself to ensure a smooth transition to a new job. However, under the German Civil Code (Bürgerliches Gesetzbuch – BGB), employment termination requires written form. Any kind of “electronic form” – including dismissal by email, SMS, or WhatsApp – is invalid. The same applies to electronic copies of a signed letter.

Key facts at a glance

• Employment termination must be in written form. Section 623 BGB clearly excludes electronic forms.
• Termination via email, WhatsApp, or SMS is invalid. The employment relationship continues unchanged.
• If the employer still wants to end the contract, they must issue a new termination in written form with a new notice period.
• In the case of firing by email, the three-week deadline for filing a claim does not apply. An employee may still bring an action after this period.

Requirements for a valid termination

Section 623 BGB provides a specific rule for the termination of employment contracts:

“Termination of employment contracts by notice or mutual agreement requires written form; electronic form is excluded.”

The rule is clear: termination is only valid in written form. Written form means the notice must be personally signed on paper – lawyers often refer to this as a “wet ink signature.” In other words, the termination must be signed by hand with a pen.

This means termination is automatically invalid if:

• Signed via Docusign or any other electronic signature tool
• Delivered as a notice of termination by email, WhatsApp, Telegram, or SMS
• Sent as a printed document with an electronic signature
• Given verbally
• Sent via social media (WhatsApp, Facebook, etc.)
• Sent as a photo of the signed letter through WhatsApp
• Sent by fax or SMS

Other aspects of the written form requirement

Both employer and employee must comply with the requirement of written form. This applies to all types of termination – ordinary, extraordinary, or changes to the contract – as well as termination agreements.

Written form and delivery of notice

1. A valid termination must be properly delivered to the employee. If sent by post, the original signed document must be sent.
2. If handed over personally, the employer may allow the employee to read the original and confirm receipt. The original can then be taken back and a copy given – this is sufficient.
3. In case of dispute, the employer must prove in court that the employee actually received the signed termination notice.
4. Termination may also be issued by a representative. This is valid when signed by a managing director (GmbH) or an authorized signatory (Prokurist). HR staff, however, usually need a written power of attorney. If no document is presented, the employee may reject the termination immediately, making it invalid.

Legal consequences of termination by email

A dismissal by email is invalid. The consequences are:

• The employment relationship continues under the same conditions.
• If the employer does not employ the worker after the supposed notice period, they are in default of acceptance (§ 615 BGB). The employee is entitled to wages even without working.
• The employer must issue a new written termination and comply with a new notice period. Until then, they must keep paying the salary.
• The employee is not obliged to inform the employer about the invalidity. The later the employer realizes it, the longer they must continue paying wages.

Is the three-week deadline applicable to an email termination notice?

Because written form is not met, the three-week period for challenging a dismissal does not start. An employee can still file a dismissal protection claim after this deadline.

However, the right to sue may be lost if the employee waits too long. Courts decide this case by case. For example, the Berlin-Brandenburg Labor Court (decision of 16.08.2010 – 25 Ta 1628/10) ruled that an employee lost the right to sue after waiting seven months to challenge an invalid termination.

For this reason, it is highly recommended to consult an employment lawyer promptly to decide how to react to an invalid termination via email.

Will firing by email be possible in the future?

The German Ministry of Justice once suggested that termination should also be possible by email, arguing that the law is outdated and should adapt to digital communication. The idea was to recognize notice of termination by email as legally valid.

In practice, however, the current rules are more favorable to employees. Therefore, it seems unlikely that such a reform will be implemented in the near future.

Frequently asked questions (FAQ)