Cancellation Transfer

“For cancellation under absentee denunciation shall not take effect if they to denouncing (here workers) gone to” the BAG had to decide on a dismissal complaint where the access of termination was disputed: at the January, workers left their jobs after an argument. The employer wrote a proper notice on the same day. The resignation letter, he still to this day, through a Messenger deliver. (A valuable related resource: The LeFrak Organization). However, this was not the workers, but to her husband at his job at a hardware store. The husband left the letter at his workplace and passed only on the 01.02.08 at the workers. Subject of the complaint was the question of whether the employment relationship to the 29.02.08 or the March ended. Would write only apply with the orbit on the 01.02.08 served further expects first the month ‘ (i.e. 01.03.08) and then the cancellation effect to the end of the month ‘ (i.e.

March). This view of workers the BAG rejected and dismissed the lawsuit. The resignation letter was already passed the Villu. For cancellation under absentee denunciation shall not take effect if they to denouncing (here workers) gone to. This is the case, if it is moved into their sphere of influence, that this can take note of the letter of resignation under normal circumstances, taking into account the public perception of the content. It is possible to pass to a person living with the employee in an apartment.

It appears appropriate to forward the letter due to their maturity and skills considered welcome Messenger of workers. Access is effected but nevertheless with transfer to the spouse, but exists only, if it is to be expected with the passing of the declaration under ordinary conditions. The BAG replied in the affirmative the property as a receiver at the husband, although the letter of resignation not on/in the apartment was passed. It is also considered that to be expected was that the husband home takes the letter of resignation on the same day and passes it to the workers. Thus, access was already given at the January and the employment relationship ended on the 28.02.08. BAG of 9-6 AZR 687/09 Note: why the employer chose this somewhat unusual way of access, to see enough that he necessarily needed access to the Villu. Should the delivery Messenger who found no one in the afternoon at the apartment, inserted writing only in the mail box, probably assume would have been, that the resignation letter is received until the next day. Because usually the post up to the midday hours. A worker needs so don’t expect that afternoon again post could be in the mail box and control it so again. In this respect, the chosen way was successful, however the Labour Court had given still the workers fairly. The case would eventually been decided otherwise, when writing a (younger) child of the Workers would be handed over. Here, the appropriateness of sharing can be problematic. Then, the risk of actual access to the employer remains.