What is the official resignation date when the registered post was delivered on time, but when to a collection point

Question

I quit on 25th February and sent a letter (tracking with signature) to the HR department since my contract says that the resignation should be in written format.

The letter could not be delivered but the recipient was notified to collect it from a nearby post office.

But the HR denies receiving it on 28th of February, saying I do not have your letter on my table and today is already 1st of March and we will consider resignation from the 1st of March instead of February. The end date for resigning in March compared to February will be one month longer, since the notice period starts the month after my official resignation.

I have sent it on February end and if the HR has not received it on time even after notifying then how is it my mistake? Why should I serve a longer notice period?

Please throw some light on this on how it can be dealt with or is it legally accepted I also have snapshot of the DHL tracking says the recipient is notified on 28th Feb.

Does the notice to the recipient to pick up the post count as delivered?

I had to send it on Friday since I received my next company offer letter on 25th and wanted to review the letter before resigning. Yes, I know it could be very tricky to be delivered the next day but my luck it was notified to pickup on Monday. I had to send by post because the HR sits in a different state and can be sent only by post. I have a chance to negotiate with my manager but wanted to get some Insights before I could do it.

Answer 1

A declaration of intent among absent people becomes effective as soon as it reaches the recipient, § 130 Ⅰ 1 BGB. To reach the recipient means the declaration of intent must

• under normal circumstances (e. g. not on statutory holidays),
• get into the “territory” of the recipient (for example a mailbox), and
• be physically available and intelligible (e. g. readable script [no water/rain damage]).

Note, it is not necessary that the recipient actually reads your letter, but it must be possible. Generally, it is presumed you check your mailbox at least once a day, so mail is considered to be delivered the next (business) day unless it arrived/was opened earlier. Ultimately, if it matters, you’ll need to prove when your declaration of intent reached the recipient.

I have sent it on February end and if the HR has not received it on time even after notifying then how is it my mistake?

It is your risk who you entrust with delivery. It is not the recipient’s fault if you chose an untrustworthy or too slow carrier.

Why should I serve a longer notice period?

Because you signed the employment contract. Seriously, your employer has a protected interest to trust in you fulfilling your part of the agreement. Business needs a certain level of predictability, so they can organize a replacement employee.

If they don’t need or “don’t like” you, you can still ask to be dismissed earlier via a mutual Aufhebungsvertrag, § 311 Ⅰ BGB.

Does the notice to the recipient to pick up the post count as delivered?

No, a notification about registered mail being available for pickup is not a substitute for your declaration of intent. Again, it must be possible for the recipient to identify the message.

Answer 2

It was received when it was received

You used a private courier (DHL) so while they have the letter it is legally the same as if you had it since they are your agent. So, you delivered it to them when it passed from DHL to the employer - 1 March 2022.

If you had used the post office the analysis would be different.

One can only wonder why you didn’t use email.