In order for the termination of the employment contract to be effective, it must be sent by post. In addition, you should note a few other formalities.
Certain contracts can only be terminated in writing. The employment contract is part of it. The relationship with the employer can only be terminated in writing. This means that the letter must be sent by post. Cancellations by email or in other text forms are not valid. In order for the termination to be effective, there is more to consider. For example the signature.
Signature is an essential part of the termination
It is mandatory to sign the termination notice. This goes hand in hand with the obligation to provide written form, informs the
Andersch law firm
. The letter must therefore be signed by hand in the original. A printed, electronic version is not effective, emphasizes the
Croset employment law firm
. The lawyers explain that this would be a formal error - and this can legally completely invalidate a letter of termination.
But you also need to be careful with handwritten signatures. It has happened again and again in the past that labor courts have disputed over individual letters. The signature must also meet certain requirements. Above all, it must make it clear who the exhibitor is. This generally requires the signature with the last name, although the addition of the first name is not necessary even if the last name occurs frequently, explains
legal advice Taylor Wessing
.
Signature must be clearly identifiable
However, the signature does not have to be completely legible. It only serves to identify the exhibitor, which is why lettering that has individual and characteristic features that make imitation difficult is sufficient. This was confirmed by a ruling from the
Mecklenburg-Western Pomerania State Labor Court
in 2022. According to this, it is sufficient if someone who knows the name of the signatory and their other signatures can read the name from the writing. However, an initial is not valid as a signature. This is the conscious and intentional abbreviation of the name to a few characters, such as the initials.
The
legal advisor Taylor Wessing
therefore recommends that the lettering should be as long as possible and that individual letters should be visible so that it is clearly visible that the signatory wanted to sign with their full name. Ideally the name should be readable. It is best to sign the cancellation with a colored pen that stands out clearly from the printer's ink. And press firmly so that the document shows that it is the signed original.
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The recipient of the termination does not have to sign. Since from a legal point of view it is a unilateral declaration of intent, the signature of the issuer and "that the recipient of the termination has the opportunity to take note" is sufficient for the document to be valid, explains the
Andersch law firm.
In practice, most employees require confirmation of termination from their employer. This letter usually contains a signature. However, the written document is not required for the termination to be valid.
To ensure that the employer has received the notice of termination, it is best to send it by registered mail including a return receipt.