Fired for a Digital Sick Note: German Courts and Coalition Reshape Labour Law Landscape

An IT consultant in Germany lost his job without warning after submitting an online medical certificate obtained without any personal contact with a physician. The Hamm-based regional labour court upheld the dismissal as a valid termination without notice, ruling that the employee had committed a severe breach of trust — and that a prior warning was unnecessary. The case, decided earlier this year, underscores growing legal risks around purely digital health certificates, even as Germany's coalition government pushes ahead with plans to mandate a doctor's note from the first day of illness.

Since December 2023, a phone-based sick note has been permissible under strict conditions. But courts have made clear that online-only services lacking any doctor-patient interaction remain legally dangerous for workers. For employers, the ruling is a reminder to scrutinise the validity of medical documentation.

Alongside tightening expectations on sick leave proof, the governing coalition is preparing major changes to fixed-term employment contracts. The proposed reform would allow employers to offer contracts without a specific reason for a duration of up to 48 months, with as many as six renewals. Starting in January 2027, the current ban on re-hiring former employees and the requirement for a written contract form would also be abolished. Public opinion is sharply against the plan: 54 percent of those surveyed reject it. Trade unions such as Verdi and the German Federation of Trade Unions (DGB) have voiced strong opposition.

The same legislative draft includes relaxed rules for terminating highly paid executives and introduces a statutory obligation to present a medical certificate from the first day of sickness — currently most employers only require one after three days. Companies must also respect the co-determination rights of works councils when implementing such policies.

Court rulings add clarity on procedural pitfalls

Germany’s Federal Labour Court (BAG) ruled on 7 May 2026 that a registered letter delivered by scan cannot serve as proof that a dismissal has been received. The case involved an employer who failed to document the invitation to a return-to-work meeting (betriebliches Eingliederungsmanagement). DHL has since adjusted its procedures. Legal experts now advise handing over important documents in person, with witnesses present, or via a courier who records delivery.

In another decision, the regional labour court of Lower Saxony (LAG Niedersachsen) on 29 April 2026 clarified that an employee who disputes facts during legal proceedings is not automatically committing procedural fraud. The case concerned a severely disabled worker protected by collective bargaining who had been dismissed after contesting the employer’s version of events. The court overturned the termination, adding that the stated grounds for dismissal had already been exhausted through a prior written warning.

The regional labour court of Rhineland-Palatinate (LAG Rheinland-Pfalz) ruled in October 2025 that an application for resolution of the employment relationship under the Protection Against Unfair Dismissal Act must be filed before the formal conclusion of proceedings. A partial admission judgment ends the instance, making later applications inadmissible.

Red flags for senior staff — and a chocolatier in distress

Employment lawyers have identified several warning signs that an employer is preparing to part ways with a manager. These include appointing the executive as managing director (which strips them of general dismissal protection), introducing a dual leadership structure, or transferring the employee abroad without a guaranteed right of return. Experts recommend that managers keep thorough documentation and secure contractual protections in writing.

Meanwhile, around 100 employees of the premium chocolate maker DreiMeister in Werl have received dismissal notices following the opening of insolvency proceedings on 1 July 2026. The company is being wound down. Workers have three weeks to file claims for protection against unfair dismissal. Those who worked between April and June 2026 can apply for insolvency benefits until early September.

On a final procedural note, the regional labour court of Hamm emphasised that a formal employment reference must be printed on company letterhead with the correct corporate heading. Any deviation gives the employee a right to demand a corrected version.

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