The Two-Week Period under § 626(2) BGB: The Employee's Holiday Does Not Suspend the Deadline (Federal Labour Court, 2 AZR 55/25)

In the case of a summary dismissal, time never stands still, because the legislature grants the employer only an extremely short window of exactly two weeks to declare the dismissal. Within this tight deadline, the entire facts must be clarified without gaps and the employee heard where necessary, in order to make the dismissal legally sound.

In its judgment of 4 December 2025 (case no. 2 AZR 55/25), the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that an employee's annual leave does not suspend the two-week period for extraordinary termination (§ 626(2) of the German Civil Code, BGB). Employers are obliged to pursue the necessary clarification of the facts and the hearing in cases of urgent suspicion with due dispatch, even if the employee is reachable while on holiday; idly waiting for the end of the holiday can therefore result in the invalidity of the dismissal.

The strict two-week period starts to run from the moment the employer becomes aware of the allegations. To avoid missing the deadline, employers must act without delay, contact the employees concerned even during their holiday and invite them to a hearing.