German Labor Court curtails delivery proof for inserted mail

The German Federal Labor Court (Bundesarbeitsgericht, BAG) ruled on 7 May 2026 that a Deutsche Post "Einwurf‑Einschreiben" (insertion mail) no longer provides a presumptive proof of delivery. The court found that the current scan‑based procedure records the barcode when the carrier is at the mailbox, not when the envelope is actually deposited, breaking the chain of evidence required to demonstrate receipt. Accordingly, the burden of proof shifts to the sender, who must now provide additional evidence that the recipient received the document.

The decision arose from a case involving a sick‑leave termination where the employer sent a reintegration‑management invitation by insertion mail, which the employee denied receiving. Following the BAG ruling, Deutsche Post introduced a new delivery documentation system that retains proof for 15 months. The Federal Court of Justice (Bundesgerichtshof, BGH) also tightened rules for online contract cancellations, limiting the content of confirmation pages, and clarified HR‑related matters such as home‑office orders, work‑time counting of travel, and employer obligations during employee vacation.