German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail
Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times.
Employers can therefore presume that a registered letter will be received by the employee on the day it is posted (i.e., delivered in the mailbox). Nevertheless, legal certainty exists when a notice of employment termination, including the declaration’s content, is personally served or posted under witness.