Rejecting a termination notice for lack of proof of authority can be a practical pitfall when the notice is issued not by the statutory representative body itself, but by individual members of a corporate body without sole authority of representation (Einzelvertretungsmacht) or by authorized representatives, and the recipient promptly rejects it for that reason, as illustrated by the decision of the Federal Labor Court (Bundesarbeitsgericht (BAG)) dated May 7, 2026 (Ref. No. 2 AZR 130/25).
Quick Hits
Germany’s Federal Labor Court held in a recent decision that if the body with authority to represent the company authorizes individual members to represent the company alone, the termination notice may be rejected if proof of that authorization is not attached.
A rejection within one week is generally still considered prompt.
The Case—Termination by Two of Three Supervisory Board Members
The parties disputed the validity of two termination notices. The managing director of the… Read the complete article here...
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