Sending by registered mail alone is not sufficient
A written notice of termination is deemed to have been received when it enters the recipient’s actual sphere of control in the ordinary course of business, and the recipient has the opportunity to acknowledge it under normal circumstances. This is the case, for example, when a letter of termination is placed in the addressee’s mailbox. The termination can be delivered by an employee or another messenger of the employer, who ideally can later serve as a witness.
Frequently, letters of termination are sent by registered mail, that is dropped into the mailbox by the postman (so called “Einwurf-Einschreiben”). However, if the employee disputes having received the termination letter sent by registered mail, the employer bears the burden of proving the receipt. According to a recent ruling by the Federal Labor Court (Bundesarbeitsgericht – BAG, judgment of 30.01.2025, ref.: 2 AZR 68/24), neither the submission receipt (of the letter to the post office) nor the online shipment status (including delivery date) is sufficient for this purpose.
Submission receipt and shipment status
In the case in question, the employer sent the letter of termination by registered mail. The submission receipt indicated the date and time of submission to the post office, the post office branch, and the tracking number. Additionally, the employer had obtained the shipment status online, which stated “the shipment was delivered on July 28, 2022“. The employer considered these two documents as providing prima facie evidence that the employee had received the termination and the date of receipt.
Nevertheless, the employee disputed ever having received the termination.
A true delivery receipt was missing
The Federal Labor Court required the official postal delivery receipt as final proof of receipt, which the employer should have requested from the postal service.
Because the postal service retains and provides delivery receipts for only a limited period, the employer was unable to obtain the official postal receipt still during the lawsuit.
The Federal Labor Court ruled that the submission receipt is insufficient proof, as it only verifies the letter’s submission at the post office branch. The online shipment status is also insufficient because it does not identify the deliverer or provide details of the delivery process. Notably, it lacks information regarding the time, address, and the person to whom the letter was handed or whether it was placed in the mailbox.
Note for Employers: Delivery receipt must be requested on time and stored carefully
If employers wish to provide legally sound proof of receipt of a termination by registered mail, neither the submission receipt nor the shipment status is adequate.
The delivery receipt, which can be obtained from the postal service for a fee within limited term, must also be presented. Furthermore, the employer must be able to document the entire process of enveloping the signed letter and sending it meticulously.
If the employee does not reside too far from the company, delivery by messenger is advisable. Even more legally secure than using a professional courier service is utilizing a company employee or, for example, a relative of the company owner, provided this messenger will be available to serve as a witness later.
The company owner or the managing director of a GmbH cannot provide witness testimony in a lawsuit against their company and should, therefore, only deliver or hand over a termination in the presence of a witness.
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Summary of the keyfacts
- The sender of a termination letter must prove its receipt by the employee, even if the letter is sent by registered mail.
- If a termination letter is sent by registered mail, the submission receipt and shipment status should be carefully preserved.
- The official postal delivery receipt should be promptly requested from the postal service if the employee disputes having received the termination.
- In contentious cases, it is advisable to hand over terminations in person during work in the presence of a witness or have them delivered by a messenger connected to the company.
