German labor law requirements for employment termination

Legal guidelines and recent court rulings in Germany highlight the strict requirements for terminating employment contracts. Under Section 623 of the German Civil Code (BGB), terminations or dissolution agreements must be made in writing with a handwritten signature. Digital formats, such as email, instant messaging, or scanned PDFs, are legally invalid and can render a termination void.

A recent case at the Heilbronn Labor Court illustrates these complexities. An employer attempted to terminate an apprentice's contract following repeated unexcused absences and improper record-keeping. However, the court declared both the regular and extraordinary terminations invalid. The ruling noted that after the probationary period, regular termination is generally excluded, and any dismissal must meet rigorous standards regarding form, warnings, and the balancing of interests.