GermanyMust termination be in writing?
Yes, under German law, all employment terminations must be in written form to be valid — electronic forms like email or SMS are not sufficient.
What the Law Says
German labor law imposes a strict formal requirement for ending an employment relationship: termination must comply with the 'written form' rule. This is not just a recommendation — it’s mandatory for legal validity.
According to § 623 of the German Civil Code (Bürgerliches Gesetzbuch), any termination of an employment relationship — whether by notice (ordinary dismissal) or mutual agreement (Auflösungsvertrag) — is only effective if made in writing.
The law explicitly excludes electronic forms such as email, SMS, or digital signatures. A printed, signed document delivered physically (e.g., by post or handed in person) is required.
This rule applies equally to employers and employees — both sides must use written form when terminating the contract. Failure to comply renders the termination legally void, even if the reason for dismissal is justified.
Statutory TextDie Beendigung von Arbeitsverhältnissen durch Kündigung oder Auflösungsvertrag bedürfen zu ihrer Wirksamkeit der Schriftform; die elektronische Form ist ausgeschlossen.
— BGB § 623 — German Civil Code
What Courts Have Said
German courts consistently uphold the strict written-form requirement, treating deviations as fatal to the termination’s validity — regardless of intent or fairness.
While this case focused on dismissal for cause (refusing to wear a mask), it reaffirmed that procedural correctness — including proper written form — is essential. The court emphasized that even substantively justified dismissals fail if formal requirements like § 623 are ignored.
What to Do
Always issue or receive termination notices on paper, signed by hand.
Keep proof of delivery (e.g., registered mail receipt or signed acknowledgment).
Never rely on email, messaging apps, or verbal announcements — they have no legal effect.
If you receive an invalid (non-written) termination, respond promptly in writing to dispute its validity.
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.