Notice of termination shall be deemed to have been served if the party to whom it is addressed can become aware of it under normal circumstances. The burden of proof for the access to termination lies with the party giving notice.
If the notice of termination is handed over personally, the handing over and handing over of the document shall suffice. If it is not possible to hand over the notice in person, the notice is deemed to have been received when it "falls within the recipient's sphere of influence". And this must be done in such a way that the recipient learns of the content of the termination under normal circumstances.
Cancellation by registered letter
Notices of termination may not be delivered by registered mail or registered delivery letter or registered letter with acknowledgement of receipt. The letter of objection will be thrown into a mailbox by the deliverer with the exact date and time specified. However, this is usually not sufficient for effective proof of timely delivery.
When the delivery is registered, the notice of termination is handed over to the recipient against signature. It becomes difficult if the recipient is not to be found. Then the recipient receives a notification. In this case, access is only granted when the recipient is collected from the post office. If the recipient does not collect, there is no delivery.
A notification slip is also used for registered mail with acknowledgement of receipt if the recipient is not found. The notice of cancellation will then only be received when the recipient is picked up.
Cancellation by courier
If it is not possible for the employer to hand over the notice in person, a courier should be engaged. If the delivery is particularly (time-) critical, it is advisable to hire a bailiff.
The courier either delivers the notice of termination personally and has the receipt acknowledged or documents the insertion of the notice of termination in the mailbox. The documented posting into a house mailbox by the courier causes the termination to be received as soon as the next removal of the mail can be expected. A cancellation posted late in the evening may therefore not be received until the next day if the mail is no longer expected to be emptied on the same day.
If the cancellation is handed over to the landlord, a domestic servant, family members living in the household or life companions, it is also considered as received.
Packator takes over the documented delivery of notices of termination. As the sender, you will receive a photo that either documents the posting or the scan or a photo of the signed delivery receipt including the name of the person who was handed over. Please note in the remarks that the delivery must be documented. This information will be passed on to the courier and our service team will accompany the delivery.
If you have large quantities of cancellations to send, you can simply send us an address list and our service team will then submit you a customized offer and take care of the smooth process.