Here too, it is important that the person delivering
Posted: Mon Jan 06, 2025 4:50 am
the notice documents the time and method of delivery. Delivery by registered mail : The notice of termination is sent by registered mail with return receipt. This offers a certain degree of security that the notice of termination has actually been received, as the return receipt serves as proof. However, it is important to ensure that the employee actually accepts the registered letter. Delivery by registered mail : This method is considered particularly secure argentina phone data , as the delivery person documents the letter being placed in the employee's mailbox and is therefore deemed to have been received, even if the employee does not accept the letter personally. However, this method is not entirely uncontroversial from a legal perspective. time of access This point in time is crucial for calculating the notice period. A notice of termination is deemed to have been received as soon as it has reached the "sphere of influence" of the employee . This means: as soon as, under normal circumstances, it can be expected that the employee has acknowledged the notice of termination. If the notice is handed over in person, this is the point in time at which it is handed over.
If the notice is delivered by post, the day on which the letter is put in the mailbox counts, not the day on which the employee actually reads the letter. special cases Employee's vacation or illness : A notice of termination can also be received during vacation or illness. Here, too, the decisive factor is that the termination is within the control of the employee. In the event of a longer absence, an alternative method of ensuring access should be considered to be on the safe side. Unknown whereabouts of the employee : If the whereabouts of the employee are unknown, employers should make all reasonable efforts to find out the whereabouts. If this is not possible, public service may be considered, but this requires special legal steps. documentation Regardless of the method of handover, careful documentation is essential . Employers should record the exact handover process in writing and keep all relevant documents (witness statements, delivery receipts, return receipts). When does a termination take effect? If the termination is made in writing, the receipt is clearly documented by a signature and preferably in the presence of witnesses, and the recipient does not file a wrongful termination suit within three weeks of receipt or does not request rejection immediately after receipt, the termination is deemed to be legally effective - even if it is actually invalid.
If the notice is delivered by post, the day on which the letter is put in the mailbox counts, not the day on which the employee actually reads the letter. special cases Employee's vacation or illness : A notice of termination can also be received during vacation or illness. Here, too, the decisive factor is that the termination is within the control of the employee. In the event of a longer absence, an alternative method of ensuring access should be considered to be on the safe side. Unknown whereabouts of the employee : If the whereabouts of the employee are unknown, employers should make all reasonable efforts to find out the whereabouts. If this is not possible, public service may be considered, but this requires special legal steps. documentation Regardless of the method of handover, careful documentation is essential . Employers should record the exact handover process in writing and keep all relevant documents (witness statements, delivery receipts, return receipts). When does a termination take effect? If the termination is made in writing, the receipt is clearly documented by a signature and preferably in the presence of witnesses, and the recipient does not file a wrongful termination suit within three weeks of receipt or does not request rejection immediately after receipt, the termination is deemed to be legally effective - even if it is actually invalid.