Many HR departments rely on the registered letter because it supposedly provides proof of receipt. A simple and cost-effective way compared to the courier service. The verdict of the Federal Labour Court yesterday (2 AZR 184/25) shows, based on what we know from the decision tenor without reasons for the decision: That is exactly what can be dangerous.
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The case in one sentence
Termination fails due to lack of receipt of a BEM invitation in the event of termination due to illness.
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What happened?
▶️ Employer sends BEM invitation via registered post
▶️ Shipment tracking including delivery receipt is available (if this is not available, it has already been the case so far that this is problematic — BAG, judgment of 30.01.2025 — 2 AZR 68/24)
The result in this specific case:
▶️ BeM not demonstrably offered
▶️ more lenient remedies not sufficiently explained
▶️ Disproportionate termination → ineffective
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Clarification by the Federal Labor Court now
A registered letter does not provide prima facie evidence of receipt of such a letter, even if the extradition document is available.
▶️ The Hamburg LAG explained in the lower instance that the now missing “peel-off label” increases the error rate in relation to the initial scan of a bar code and therefore an incorrect objection does not appear so unlikely, especially in the case of several deliveries.
▶️ As a result, the process of objection and receipt is no longer sufficient to provide the necessary certainty of actual delivery of the document, which is necessary for prima facie evidence.
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Practical reality (and risk)
Standard processes in particular often work like this:
- Subjection registered letter
- Storage of shipment tracking
- Hook it âś…
👉 That's exactly where the problem lies.
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My clear recommendation from practice
▶️ personal handover against confirmation of receipt and witnesses (not: managing director!)
▶️ Messenger with documentation (keep an eye out when choosing an external courier service, as not all are reliable!)
⚠️ Even if it appears more expensive or complex, the verdict shows that if handled carelessly, it can become much more expensive as a result.
📢 Subject to the reasons for the decision, this was the “death of the registered letter” for documents that must be verifiably delivered as part of the employment relationship.