A Kündigung (termination) ends the employment relationship through a one-sided declaration by one party. Germany distinguishes the ordinary termination with notice (ordentliche Kündigung) from the extraordinary, immediate termination for cause (außerordentliche or fristlose Kündigung). Every Kündigung requires written form with a handwritten signature; a termination by email or messenger is invalid. Whether you need a reason depends on statutory dismissal protection (Kündigungsschutz).
At a glance
- Two basic forms: ordinary termination (ordentliche Kündigung) with a statutory, contractual, or collective notice period, and extraordinary termination (außerordentliche Kündigung) for good cause under § 626 BGB
- Written form with a handwritten signature is mandatory under § 623 BGB; electronic form is expressly excluded, so a termination by email or messenger is void
- An extraordinary termination must be declared within two weeks of learning of the cause (§ 626 (2) BGB)
- Whoever signs must be authorised to terminate; if signed by a representative without an attached power of attorney (Vollmacht), the recipient may reject it without delay (§ 174 BGB)
- The employee may file an unfair-dismissal claim (Kündigungsschutzklage) within three weeks of receipt (§ 4 KSchG)
FAQ
Does a termination always need a reason?
Only where dismissal protection (Kündigungsschutz) applies, meaning the workplace usually employs more than ten people and the employment lasted longer than six months. Then a person-, conduct-, or operational-related reason is required. A conduct-based dismissal also generally requires a prior Abmahnung (written warning).
Is a termination by email valid?
No. § 623 BGB requires written form with an original signature. Email, PDF, fax, or messenger are not enough, and the termination is invalid.
How is a termination served?
It takes effect on receipt (Zugang). In practice, hand it over in person with a witness, or use a courier who can confirm delivery and the time, so that receipt can be proven.
How long can an employee challenge a termination?
Three weeks from receipt. If the deadline is missed, the termination is generally treated as valid, regardless of whether a reason existed.
Reviewed by: Legal Team, Leapsome · Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
