👆 The key points in brief
A termination only becomes effective once it is received by the recipient, not when it is sent. The statutory notice period for employees is four weeks to the 15th or to the end of a calendar month. For employers, § 622 BGB provides staggered notice periods depending on length of service – from four weeks up to seven months to the end of the month.
In this article, we explain in detail what matters for the effectiveness of a termination and which deadlines you absolutely must observe.
1. The decisive moment: Receipt of the termination
The time at which a termination is received is of central importance for all subsequent deadlines and legal steps. A termination does not become effective on the date stated in the termination letter, but only at the moment it is received by you as an employee. This means that, as the recipient, you must have the opportunity to take note of the contents of the termination letter.
Receipt occurs when the termination letter enters your sphere of control. This is the case, for example, if you accept the letter in person or it is dropped into your mailbox. It does not matter whether you actually read the letter – what matters is the opportunity to take note of it.
Example case: Office administrator Maria S. receives a termination letter on Friday afternoon at 5 p.m. by it being dropped into her private mailbox. Since, under normal circumstances, it is assumed that an employee empties their mailbox once a day, the termination is deemed received only on Saturday, even if Maria does not read the letter until Sunday evening after a weekend trip.
2. The different methods of service and their specific features
How a termination is served has a significant impact on when it becomes effective. In our practice, we see various methods of service, each with its own legal specifics:
Personal delivery:
The legally safest option is personal delivery of the termination letter. In this case, the time of receipt can be clearly determined. However, you should not refuse to accept the letter, as this could legally be treated as receipt. You can mark the letter with “Received on [date]” without thereby accepting the termination.
Dropping it into the mailbox:
If the letter is simply dropped into the mailbox, the termination is deemed received when, according to common practice, the next emptying of the mailbox can be expected. On working days, it is assumed to be emptied the same day if it is delivered by the usual postal delivery time. After that time or at weekends, the termination is deemed received only on the next working day.
Registered mail:
With registered mail with return receipt, receipt occurs only when you actually receive the letter. Dropping the notification card is not sufficient. If you are not available, the seven-day retention period at the post office begins. If you do not collect the letter, it is still deemed received if collection could have been expected.
3. Calculating the notice period
Once the termination has been received, the notice period begins to run. Calculating this period is often more complex than you might think:
The statutory basic notice period is four weeks to the 15th or to the end of a calendar month. This period increases with length of service. After 2 years of service it is one month, after 5 years two months, after 8 years three months, after 10 years four months, after 12 years five months, after 15 years six months and after 20 years seven months, in each case to the end of a calendar month.
Example case: An employee with 6 years of service receives a termination on March 2. In their case, the notice period is two months to the end of the month. The employment relationship therefore ends on May 31, not on May 2.
4. Special scenarios and their impact
There are various situations that can affect the effectiveness of a termination:
Illness and vacation:
If you are on vacation or ill, the termination is still deemed received if it is dropped into your mailbox. It is therefore advisable to ensure your mailbox is emptied regularly even during longer absences.
Special protection against dismissal:
If special protection against dismissal applies, for example during pregnancy or in the case of severe disability, a termination does not become effective solely upon receipt. In such cases, the consent of the competent authority is also required.
Works council hearing:
In companies with a works council, it must be heard before any termination. A termination issued without such a hearing is invalid, even if it has been properly received by you.
5. Your options after receiving the termination
5. Your options
after receiving the termination
After receipt of the termination, an important deadline begins for you: you have exactly three weeks to file an unfair dismissal claim. This period begins on the day after receipt of the termination and is an absolute exclusion period.
We recommend the following steps after receiving a termination:
Document the exact time the termination was received. Take notes or photos of the envelope showing the date and time.
Check immediately that the written form requirement has been met. An email or WhatsApp message is not sufficient for a termination.
Register as a jobseeker with the Employment Agency within three days. This is important to avoid risking disadvantages with unemployment benefits.
Seek legal advice promptly. The earlier you take action, the better your chances of successfully enforcing your rights.
6. Conclusion
The effectiveness of a termination depends on various factors, with the time of receipt being of particular importance. At Allenstein Legal in Berlin, we advise you to act immediately upon receiving a termination and to keep the various deadlines in mind. Professional legal advice can help you avoid missing important dates and ensure you assert your rights in the best possible way.
Frequently asked questions (FAQs)
A termination is deemed received when it has entered the recipient’s sphere of control in such a way that, under normal circumstances, they have the opportunity to take note of it. If it is dropped into the mailbox, this is usually the time it is dropped in.
No, the statutory four-week period is binding. Exceptions exist only in the case of termination agreements or summary dismissal for good cause.
During the probationary period (maximum 6 months under § 622(3) BGB), either party may terminate with two weeks’ notice.
Contractual arrangements are permissible provided they do not deviate from the statutory minimum notice periods to the detriment of the employee.