Can you be fired while on vacation?

The suitcases are packed, the visa for the long-awaited trip home or to the south has been granted, and the hard-earned period of rest begins. For many highly qualified professionals who contribute significantly to Germany's economic success, vacation is the only time of year to truly unwind. But while they recharge on the beach or with family, a simple letter dropped into their mailbox in Germany can turn their entire life upside down. In times of an acute shortage of skilled workers and an increasingly digitalized working world, it seems almost anachronistic, but the reality is sobering: In Germany, an approved vacation does not protect against receiving a dismissal notice . As a law firm specializing in visa law, we repeatedly witness how existentially threatening this situation is for clients whose residence permit is directly tied to their employment.

German legal situation: Precision before recreational value

German law contains no explicit prohibition against terminating an employment relationship during vacation time. Neither the German Civil Code (BGB) nor the Protection Against Unfair Dismissal Act (KSchG) contains clauses that restrict employers during an employee's absence. Instead, a practice solidified by case law has become established, which we view critically from the perspective of employee rights. The Federal Labor Court (BAG) has clarified in landmark rulings (e.g., case no. 2 AZR 224/11) that a notice of termination is considered served as soon as it enters the recipient's sphere of control. In practice, this means that dropping the notice of termination into the employee's private mailbox triggers legal effect , even if the employer knows full well that the employee is currently thousands of kilometers away.

We consider this legal precedent problematic, as it undermines the protective purpose of the Federal Vacation Act (BUrlG) . If vacation is intended to serve the regeneration of one's ability to work, it is contradictory to require employees to remain legally "reachable" during this time in order to meet essential deadlines. Nevertheless, the current line of the courts is clear: Employees must ensure that important mail reaches them or that they are informed of it promptly.

The dangerous 3-week deadline

The main problem with a dismissal during vacation time is not only the termination of the employment relationship itself, but also the strict procedural requirement of Section 4 of the German Dismissal Protection Act (KSchG ). Anyone wishing to contest a dismissal must file a claim for unfair dismissal with the labor court within three weeks of receiving the dismissal notice . If this deadline is missed, the dismissal is considered legally valid from the outset , regardless of whether it was objectively justified or not. For skilled workers from abroad who might be visiting their families in their home country for four weeks at a time, this deadline may have already expired before they even receive the dismissal notice.

While Section 5 of the German Protection Against Unfair Dismissal Act (KSchG) offers the possibility of "subsequent admission" of a lawsuit if the employee was prevented from attending work through no fault of their own, we observe that the hurdles for this are high. A simple vacation is often insufficient if the employee cannot prove that they took all reasonable steps to receive important deliveries. This risk is particularly critical for holders of an EU Blue Card or other purpose-bound residence permits , as the loss of their job also jeopardizes their residency status.

A look across the border: Germany as a special case?

In comparison to other European countries, Germany takes a very employer-friendly stance . While in countries like Spain or Denmark, dismissal during vacation is possible under certain conditions, other EU member states pursue a significantly stronger approach to employee protection. In Italy, Sweden, or the Netherlands, dismissal during absence is practically unenforceable or severely restricted.

The protection is even clearer in Romania and Finland: there, dismissal during approved leave is simply prohibited by law. In these legal systems, the employment relationship is considered "suspended" during vacation. We advocate a political debate about whether Germany, in its competition for top talent, needs to rethink its approach. A modern migration administration and an attractive welcoming culture for highly qualified individuals are difficult to reconcile with a legal situation that can turn vacation into a "legal trap."

The employee's freedom of action

To be fair, it must be mentioned that there are two sides to every coin. Employees can also terminate their employment contract during vacation, provided they adhere to the written form requirement of Section 623 of the German Civil Code (BGB) and comply with the contractual notice periods. We rarely encounter problems here, as the employee can control when the notice is received. However, the following also applies: If a foreign legal system defines the employment relationship as suspended during vacation, this can postpone the start of the notice period. In Germany, however, this is not the case; the notice periods continue to run inexorably.

Conclusion and Outlook

In summary, termination of employment during vacation time is legally permissible and effective in Germany. The greatest risk lies in the short three-week deadline for filing a lawsuit. We criticize this practice because it undermines the legally enshrined right to rest and recuperation and disproportionately disadvantages foreign skilled workers , who often undertake extended trips. In a digital world, employee protection should not end at the mailbox.

How Visaguard can support you

As a law firm specializing in visa law, we understand that more than just a job is at stake for you – your future in Germany is on the line. If you have received a notice of termination during your vacation or fear that your employment is ending, we are here to help. We not only review the legal validity of the termination and ensure compliance with the deadlines for filing an unfair dismissal claim, but also coordinate all necessary steps directly with the relevant immigration authority. We ensure that a termination does not automatically lead to the termination of your residence permit and support you in securing your status or finding a new employer. Trust in our expertise so you can focus on what matters most: your career and your life in Germany.

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