Termination of Employment Relationship
September 19, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I terminated my employment during the probationary period on 30.09.09. I gave notice on 02.09.09. The notice period was 14 days at no specific deadline. When I arrived at work on Monday, 14.09.09 at 7:00 am, I couldn't log into the computer (password changed) and all my patients had been transferred to colleagues. I then went back home and made a mistake. I sent an email to my boss, informing him of the situation and suggesting that it would be best for both parties to terminate the employment on 15.09.09. I offered to waive my vacation entitlement (9 days). This was a mistake that I made without careful consideration. On 16.09.09, I received a registered letter confirming the termination of employment on 30.09.09, including the deduction of vacation and leave until 30.09.09. The letter was dated 14.09.09. Today, there was another letter in the mailbox (also registered with return receipt). Unfortunately, the postman did not detach the return receipt, so I have both the letter and receipt. This letter is dated 16.09.09 and refers to my email dated 14.09.09, stating that my employment was terminated on 15.09.09 and I waived my vacation. Do I have any options to correct this mistake that was made without careful consideration? I only sent one email, to which I received a response today. The second registered letter was not properly delivered to me. The first letter was sent after my email was already sent at 9:32 am. Are there any options for me?
Dear inquirer,
Thank you for your inquiry!
Taking into account the information you have provided, I would like to answer the questions you have asked summarily as follows:
Firstly, I would like to address the issue of the (failed) registered letter with acknowledgment of receipt. According to your information, since the acknowledgment of receipt was not detached and therefore not returned to the sender, the letter should be considered as a recorded delivery. Your employer will be able to prove that he handed over the letter at the post office, but he will not be able to prove its delivery to you.
As per your description, you expressed in the email that you wish to terminate the employment relationship by September 15, 2009 (in contrast to your original intention to terminate by September 30, 2009). This statement could be considered as a new termination.
However, according to § 623 BGB, a termination must always be in writing. This also applies to terminations by the employee. Therefore, an email termination is not sufficient, so your original termination for September 30, 2009 is still valid, and your employment will end on September 30, 2009.
This statement could also be considered as an offer on your part to conclude a termination agreement. However, your employer must have accepted this offer, and you must have received the acceptance declaration from the employer (the last registered letter could be considered as such). Your employer will find it difficult to prove this acceptance.
Furthermore, it is questionable whether you have effectively waived your remaining vacation entitlement. Such a waiver is legally irrelevant and therefore invalid in your case. The Higher Labor Court in Hamm has also ruled on this matter (Higher Labor Court Hamm judgment of June 9, 2004, case no. 18 Sa 453/04).
I hope that my explanations have been helpful, even though I regret not being able to provide a more positive news. You are welcome to contact me through the follow-up option on this portal or via my email address.
I would like to point out that the legal advice I have provided is based solely on the information provided by you. My response is only an initial legal assessment of the situation and cannot replace a comprehensive assessment of the facts. Adding or omitting relevant information can result in a completely different legal assessment.
I wish you a pleasant Saturday afternoon and a great weekend!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
