German labor law: Key court rulings on terminations and employee duties

Recent rulings from German courts have clarified several aspects of employment law regarding terminations, sick leave, and employee responsibilities.

The Federal Labour Court (BAG) ruled that an employer cannot rely solely on a delivery receipt or online tracking status from a registered mail service to prove a termination notice was received. To be effective, the notice must reach the recipient's sphere of influence in a way that knowledge is reasonably expected under normal circumstances.

In matters of sick leave, the Higher Labour Court of Baden-Württemberg determined that employees are not legally obligated to inform employers about urgent pending tasks when reporting an illness. A contractual clause requiring such notification was deemed invalid under § 307 Abs. 1 BGB, as it unfairly prioritizes business organization over the employee's recovery process.

Other legal precedents address workplace conduct and hours. The Labour Court of Siegburg upheld a summary dismissal after a warehouse worker locked a colleague in a restroom. Additionally, legal guidance clarifies that employees are not required to work unpaid overtime or voluntary extra tasks to avoid termination, provided they fulfill their contractual duties, a concept known as ‘working to rule’.