No Presumption of Delivery: German Court Overturns Firing Based on Scanned Mail Receipt

A labour dispute in Germany has exposed a gap in digital document delivery methods. The Federal Labour Court (BAG) ruled on 7 May 2026 (case no. 2 AZR 184/25) that a scanned electronic delivery receipt does not create an automatic presumption that the document actually arrived. The ruling came after an employer attempted to prove delivery of an invitation to a company reintegration meeting by using a "digital Einwurf-Einschreiben" (registered mail with proof of posting and delivery to the recipient's mailbox). The delivery agent had signed the receipt before dropping the letter into the mailbox.

Because reliable evidence of physical receipt was absent, the subsequent termination on grounds of illness was declared invalid. The court emphasised that the probative value of such scanned receipts is weaker than that of traditional registered mail signatures.

Reference letters: official letterhead now mandatory

Just weeks earlier, on 13 July 2026, the Hamm Regional Labour Court (case no. 9 Ta 319/25) set a new formal benchmark for employment reference letters. Employers must now issue references exclusively on the official company letterhead – the standard business stationery used in regular correspondence. A mere print on plain copier paper will no longer meet legal requirements. If an employer refuses to comply, employees can enforce the correct format through court-ordered execution. The court reasoned that a reference letter is an official document and must look the part.

Probation-period firings and disability representation

Another BAG decision, dated 29 January 2026 (case no. 2 AZR 128/25), clarified procedures for terminating severely disabled employees during the probation period. Dismissal is void if the company’s disabled representatives were not properly consulted. A simple acknowledgment stamp is insufficient – the employer must wait the full statutory one-week response period before proceeding.

Pay transparency: one comparator can trigger discrimination presumption

In a ruling from 23 October 2025 (case no. 8 AZR 300/24) the BAG set a low evidentiary threshold for pay discrimination claims. Knowledge of the salary of just one male colleague in the same comparison group is enough to establish a presumption of unequal pay. The burden then shifts to the employer, who must provide an objective justification for the difference. This decision aligns with the EU Pay Transparency Directive, whose national implementation was originally due by June 2026.

Coalition plans: sick notes, longer fixed-term contracts, digital hiring

A coalition resolution adopted on 2 July 2026 outlines several labour law reforms. Companies will be allowed to request a medical certificate from the first day of sick leave – a power already available under Section 5(1) sentence 3 of the Continued Remuneration Act (EntgFG), but the new rule is intended to end telephone sick notes (telefonische Krankschreibung). Employers may, however, retain the right to deviate from the requirement.

Other planned changes include:
- Fixed-term contracts: The maximum duration of a contract without objective grounds would double from two to four years, with up to six renewals. The existing ban on rehiring a former employee without cause would be dropped.
- Written-form requirement: From 1 January 2027, the current strict written-form requirement for employment contracts would largely be replaced by text form (e.g., email, digital signature). The move is designed to accelerate digitisation of personnel administration.

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