Such a case can arise, for example, if the employment contract contains the following regulation:
"Termination must be in writing. If the company gives notice of termination, the reason for termination must be stated. "
If the employer then gives notice of termination and does not give a reason, the labor court must determine by interpretation (§§ 133, 157 BGB) whether this provision is intended to make the termination null and void if the reason is not stated. Unless it can be determined beyond doubt that the termination should also be effective without stating the reason, section 125 sentence 2 of the German Civil Code applies, according to which "in doubt" the termination is to be seen as null and thus ineffective (Federal Labor Court, NZA 2013 , 900).