Legally Compliant Delivery of Notices of Terminations in Germany: Avoiding Costly Mistakes 

A recent ruling from the German Federal Labor Court has changed the evidential standard for serving termination notices, meaning registered mail with proof of delivery may no longer be enough to prove receipt. 

Our German member firm, Keller Menz breaks down the key points in this article: 

• Notices of termination are only legally effective once they have been received by the employee  

• Employers bear the burden of proving that legally significant documents have been delivered  

• Registered mail with proof of delivery may no longer provide sufficient evidence following the latest court ruling  

• Employers should consider stronger delivery methods, such as personal delivery, reliable messengers or professional courier services  

• Reviewing internal procedures for serving termination notices can help reduce the risk of costly legal disputes 

Under German law, declarations of intent only become legally effective once they have reached the recipient.

This principle is particularly important in the context of notices of termination, as the validity of such notices is frequently the subject of legal proceedings. 

Although this rule is well established, its practical implications are often underestimated. In any legal dispute, the party seeking to rely on the legal effect of the declaration, in most cases the employer, bears the burden of proving that the notice was actually received by the recipient. 

A recent decision of the German Federal Labor Court demonstrates that the methods many employers have long considered reliable may no longer provide the necessary evidence. 

• Common previous practice: Reliance on registered mail with proof of delivery 

For many years, employers have relied on registered mail with proof of delivery (“Einwurf-Einschreiben”) as a supposedly reliable means of serving termination notices. 

Although this method of delivery has always been associated with risks, it was nevertheless supported to some extent by the German Federal Court of Justice (Bundesgerichtshof – BGH). 

According to its case law, ‘prima facie evidence’ could arise if the registered letter was delivered in accordance with Deutsche Post’s so-called Peel-Off Label procedure. Prima facie evidence means that, based on typical experience, it can be presumed that a particular event occurred unless the opposing party successfully rebuts that presumption. 

With regard to the service of notices of termination, it has therefore been assumed that a declaration of intent has actually been received if the postal worker has complied with the procedure associated with the Peel-Off Label method. 

As a result, employers often considered the delivery to be sufficiently secured by using registered mail. 

• The German Federal Labor Court changes the landscape 

The German Federal Labor Court (Bundesarbeitsgericht – BAG) has now significantly changed this assessment in its judgement of 7 May 2026 (2 AZR 184/25). 

The Court held that the delivery process currently used by Deutsche Post differs from the procedure previously assessed by the BGH. Instead of the former Peel-Off Label procedure, Deutsche Post now seems to use a scan-based process. 

According to the BAG, this process does not justify a prima facie assumption that the letter was actually deposited in the recipient’s mailbox. Consequently, merely presenting the delivery receipt generated through this scan process is generally insufficient to prove receipt of a notice of termination. 

For employers, this means that a method long regarded as legally reliable no longer provides the level of evidentiary certainty many assumed. 

• Practical implications: Rethink your delivery strategy 

This ruling by the Federal Labor Court should prompt employers to critically review their existing practices for serving legally significant declarations of intent. Where the effectiveness of a declaration depends on provable receipt, particularly in the case of notices of termination, it is highly recommended not to rely solely on registered mail. 

Instead, employers should consider more robust alternatives, such as: 

• Personal delivery against acknowledgement and in the presence of witnesses; 

• Delivery by a reliable messenger who can later testify to the delivery; or 

• Using a professional courier service that provides legally robust documentation of the delivery process. 

Choosing the appropriate delivery method can make the difference between an enforceable termination and lengthy, costly litigation.

Now is the time to review your processes 

The BAG’s decision is a timely reminder that even well-established HR practices should be reviewed regularly considering evolving case law. 

Take this opportunity to review your organization's procedures for serving termination notices and other legally significant declarations. We help employers identify legal risks, optimize their delivery processes and implement solutions that stand up in court. 

Whether you need legal advice on compliant service or support in arranging reliable courier services with robust proof of delivery, our team is ready to assist. 

For further information or to discuss any of the issues raised, please contact Jessica Civale (jessica.civale@keller-menz.de) on +49 (0) 89 2422300.