Dismissal by registered post: Is “delivered” enough to prove receipt?

The case: Posted, but receipt was not proved

In case 2 AZR 68/24, the employer claimed to have sent a further dismissal letter by German registered post delivered to a letterbox, known as Einwurf-Einschreiben. The employee disputed receipt. The employer produced a posting receipt and relied on the online delivery status. It could no longer obtain a delivery record. Its appeal on points of law failed: the court confirmed that this dismissal had not ended the employment relationship (judgment of 30 January 2025, paragraphs 3 to 8).

Posting and receipt are different issues. Under section 130(1), sentence 1, of the German Civil Code, a declaration made to an absent recipient generally becomes effective when received. A letter must reach the recipient’s sphere of control in circumstances that ordinarily allow them to take notice of it. Actual reading is not required. In principle, the employer must substantiate and prove disputed receipt of its dismissal letter (paragraphs 10 and 11).

Why tracking was insufficient

Prima facie evidence can make proof easier where an established typical sequence supports an inference that a particular event occurred. That basis was missing here. The posting receipt documented that the letter had been handed to the postal service. The tracking status left important delivery details unclear, including the delivery worker’s identity and how delivery occurred. It did not replace the delivery record (paragraphs 15 to 21).

This is not a general prohibition on using Einwurf-Einschreiben. The judgment concerns the evidence available in a dispute. A letter actually delivered to the letterbox and legally received does not become ineffective because a delivery record is missing. Conversely, proof of posting does not replace proof of receipt.

The 2026 judgment: The scanning procedure also matters

On 7 May 2026, the court considered the issue again, this time concerning an invitation to occupational integration management, not receipt of the dismissal itself. In case 2 AZR 184/25, a delivery record was available. Under the procedure established in that case, however, the delivery worker signed on the scanner before placing the letter in the letterbox. The record therefore confirmed an event that had not yet occurred. The court rejected prima facie proof for that procedure; the witness evidence did not close the gap either (paragraphs 25 to 31).

Our assessment: Reviewing the paperwork also means examining the actual delivery procedure. The judgment assesses the procedure established in that particular case. It proves neither that all postal deliveries today follow the same steps nor that other evidence is always inadequate.

Do not wait: Check the three-week time limit

An employee challenging a written dismissal must generally bring a claim before the labour court within three weeks of receipt (section 4, sentence 1, of the German Protection Against Dismissal Act). Without receipt, that time limit does not begin, as the court expressly states in paragraph 8 of the main case. Missing the deadline for a court challenge can nevertheless result in the dismissal being treated as effective from the outset under section 7. Statutory exceptions require separate examination.

Our practical recommendation: If receipt is uncertain, do not rely on the possibility that the employer may later fail to produce evidence. Have the earliest possible date of receipt and the deadline checked promptly. Opening a letter later does not automatically postpone legal receipt. Describe truthfully what post you found, when you found it and which details remain uncertain.

Documents that help with the assessment

Prepare a short chronology. What matters is the actual correspondence and a traceable sequence of events, not just a screenshot saying “delivered”. The following are particularly useful for our assessment:

• The dismissal letter and envelope, if available, with the date they were actually found or received.
• Preserve all available posting receipts, tracking information and delivery records in full.
• Record the letterbox label, address and any potential witnesses.
• Include the employment contract, earlier correspondence and any other dismissal notices.
• Have the claim deadline checked immediately, even if some documents are missing.