Who Must Sign a Notice to Terminate Employment?

The BAG (re 2 AZR 162/04 of April 21, 2005) recently delivered an important judgment for employees on how jobs are to be terminated. A partnership of dentists gave notice to an employee that was only signed by two of the three dentists. Above the typed name of the third dentist there was no signature. The letter did not mention that the third dentist was to be represented by the other two dentists. The employee filed a suit for continued employment and won in the final instance at the Federal Labor Court.

The employee correctly expected to have all three signatures on the notice. The court also ruled that representation is generally possible, but that the notice must expressly refer to such agency. This is so because the law requires notice to be in writing. "In writing" cannot mean simply forwarding a sheet of paper with "notice" on it, otherwise it could not be distinguished from motions by one or more partners, which were not agreed on by all.



Published on the old CMS: 2007/2/11
Read on the old CMS till November 2008: 1,299 reads


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