Short answer: no. A dismissal sent by email, WhatsApp, text message, fax, or scanned PDF is formally invalid under § 623 BGB. It does not end your employment. But there is a critical complication: you must still file within three weeks, or the formally invalid dismissal will be treated as valid by statute.
The form requirement
§ 623 BGB requires that the termination of an employment relationship be declared in writing (schriftlich). Under § 126(1) BGB, this means a paper document that has been signed by hand by the person making the declaration. An electronic signature does not satisfy the form unless both parties have specifically agreed in advance to use a qualified electronic signature for this purpose (almost never the case in practice).
That rule applies to both employer dismissals and employee resignations. An employee who sends a “Hereby I resign” email is also not formally bound by it.
What counts as “in writing”
A valid written dismissal:
- Is on paper (not on a screen);
- Is signed in original ink by a person authorised to dismiss you (often the managing director or HR head, sometimes supported by a power of attorney);
- Is delivered to you in physical form — handed to you in person, or sent by post or courier.
A photocopy or scan of a signed letter does not satisfy the form. The original must be served.
Why you must still file within three weeks
Here is the trap. § 4 KSchG requires you to challenge any dismissal — even a formally invalid one — within three weeks at the labor court. If you don’t, § 7 KSchG treats the dismissal as effective by force of law. The form defect is rolled into the same three-week window as every other defect.
So: if your employer “dismisses” you by WhatsApp, the message does not end your employment and you still need to file the Kündigungsschutzklage within three weeks. The form defect is a near-guaranteed win in court — but only if you file.
Verbal dismissals
The same logic applies. A verbal “you’re fired” in a meeting is void under § 623 BGB. But you must still file within three weeks of the moment it was uttered, otherwise it is deemed valid.
Practical signal
If your employer is trying to dismiss you by message rather than letter, that often means: (a) they know the dismissal is weak on the merits, or (b) they are inexperienced with German employment law. Both are good signs for your negotiating position — but only if you preserve the claim by filing in time.
What the email or WhatsApp dismissal usually signals
Employers who serve a dismissal by message — rather than by signed paper letter — often fall into one of these categories: (a) a small company or start-up whose founders are not familiar with German employment law; (b) an employer who panicked and wanted to act fast; or (c) an employer who knows the substantive grounds are weak and is hoping you will accept the “decision” without filing. All three are favourable for you in negotiations, but only if you preserve the claim by filing the Kündigungsschutzklage within three weeks.
How to preserve evidence
- Take screenshots of the message showing the date, time, sender, and full content. Save them in two places.
- Do not delete the original message or chat thread.
- If the message has been edited or recalled (in WhatsApp), the original notification you received is still evidence.
- Do not reply with anything that could be read as acceptance (“Understood, thanks” can be twisted into agreement).
Combination scenarios
Some employers send an informal email or message first, then follow up with a proper paper letter days or weeks later. Two important points: (1) the 3-week clock runs separately for each “dismissal” — both must be challenged in time; (2) if the paper letter arrives after you have already filed against the informal message, we extend the claim to cover the second dismissal too.