A dismissal in Germany triggers a short, hard countdown: three weeks to file a claim with the labor court, full stop. This page walks you through the law, the deadline, the procedure, and how severance is typically negotiated.
What counts as a valid dismissal
Under § 623 BGB, a dismissal in Germany must be:
- In writing on paper with a wet-ink signature of someone authorised to dismiss you;
- Served in physical form — handed to you in person, or delivered by post or courier;
- Compliant with the applicable notice period (§ 622 BGB or your contract / collective agreement, whichever is longer for you).
The three categories of dismissal
Once the Kündigungsschutzgesetz applies (more than 6 months tenure, employer with more than 10 staff), the dismissal must fit one of three categories:
Extraordinary dismissal (außerordentliche Kündigung)
An extraordinary dismissal under § 626 BGB ends the employment immediately, without notice. Reserved for the most serious breaches: theft, violence, fraud, gross insubordination, breach of confidentiality.
Two procedural rules trip up most employers:
- The two-week window: the dismissal must be issued within two weeks of the employer learning the facts (§ 626(2) BGB).
- The warning requirement: for breaches that could be remedied by a warning, the employer must first warn and only dismiss on a repeat.
Special protection categories
Some employees enjoy heightened protection requiring government consent before any dismissal:
- Pregnant employees and parents during parental leave — consent of the regional health authority required.
- Severely disabled employees — consent of the Integrationsamt required.
- Works-council members — protected during their term of office and for one year after.
- Apprentices after the probation period — only dismissible for serious cause.
The three-week deadline
Under § 4 of the Kündigungsschutzgesetz, you must file a Kündigungsschutzklage at the competent Arbeitsgericht within three weeks of receiving the written dismissal.
How the labor court procedure works
-
Filing
We draft the claim and file it electronically at the competent Arbeitsgericht. The court fee is paid up front by the employer — the employee never pays the filing fee.
-
Conciliation hearing (Gütetermin)
Roughly 4–8 weeks after filing. Both sides meet a single judge for a settlement attempt. Over 70% of cases settle here, typically with a severance.
-
Chamber hearing (Kammertermin)
If no settlement is reached, the chamber of one judge plus two lay judges hears witnesses and decides on the merits months later.
-
Judgment and back-pay
If the dismissal is void, employment continues with all wages from the dismissal date forward. If upheld, employment ended at the end of the notice period.
Severance — how it actually works
Germany has no general statutory right to severance. In practice, severance is the price of an early end to the dispute. The customary starting point is half a gross monthly salary per year of service (Regelabfindung) — but it is only a starting point.
What to do in the first 72 hours
-
Note the date of receipt
And keep the original envelope, ideally with the postmark.
-
Do not sign anything else
Especially not a termination agreement (Aufhebungsvertrag) or release. Signing usually triggers a 12-week blocking period on unemployment benefits.
-
Register as job-seeking
Within 3 days of receiving the dismissal (online, at arbeitsagentur.de).
-
Continue to offer your work
Show up unless your employer has formally placed you on garden leave in writing. Refusing to work can be twisted against you.
-
Contact a lawyer
The earlier we know about the case, the more leverage we have.