In which form is a termination or dismissal effective?

There are three conditions that must be met in the event of a termination or dismissal (the criteria apply to both employees and employers):

1. A termination or dismissal must always be in writing: Verbal termination or dismissal, or one sent by text message (SMS/WhatsApp) or e-mail is invalid. A termination or dismissal is only valid if it is in the form of a signed letter.
2. In addition, the termination or dismissal is only valid once it has reached the person concerned. It must arrive in your letterbox or be handed to you personally. The side that sends a termination notice or letter of dismissal must later be able to prove that it was received by the person concerned. Please note: it is very important that your employer always has your current registered address (home address). You can only respond in good time if you receive the post from your employer immediately.
3. If there is a works council in the company, it must be consulted about the dismissal beforehand. Ask the works council about this. If the works council does not know anything about the dismissal, it is not effective and you can defend yourself against it. This only applies if your employer dismisses you.

Please note: a termination or dismissal only has to be signed by the party issuing it.

If you receive a dismissal, you don’t have to sign it! You may be asked to sign a confirmation of receipt. However, this has to be a different document (which only confirms that you have received the dismissal).

Be careful! If your employer wants you to sign a notice of dismissal, it may be a notice of dismissal in your name or a cancellation agreement!

If you sign these documents, it makes it difficult to defend yourself against the dismissal later. As a matter of principle: you don’t have to sign anything immediately. You can always ask to read through the text at home in your own time, or ask for advice.