A dismissal in Germany triggers a short, hard countdown — three weeks to file a claim with the labor court, full stop. This page explains the law, the deadline, and how the system is structured. If you need representation now, jump to our Dismissal Lawyer Germany service page.
The dismissal protection framework
The Kündigungsschutzgesetz (KSchG) is the central German statute protecting employees against socially unjustified dismissals. It applies to employees who have been employed at the same company for more than 6 months, where the company has more than 10 full-time-equivalent staff. Where the KSchG applies, every dismissal must rest on one of three statutorily defined grounds (personal, behavioural, or operational) — without one of these, the dismissal is unlawful and can be set aside by the labor court.
Outside the KSchG framework (smaller companies, probation period, special-protection edge cases) the employer’s freedom is greater — but still constrained by form requirements, anti-discrimination law, special protections for pregnant women and the severely disabled, and the general duty of good faith.
Form requirements (§ 623 BGB)
Every dismissal in Germany must be on paper, signed in original handwriting by an authorised signatory, and physically delivered to the employee. Email, WhatsApp, scanned PDF, fax — all void. This is one of the most reliable defenses against a hasty dismissal. See our reference article on email and WhatsApp dismissals for the practical implications.
The three categories of justified dismissal
Dismissal & Severance
Challenging a dismissal, the 3-week deadline, negotiating severance, the Gütetermin.
Wages & Salary
Unpaid salary, bonuses, expenses, overtime, exclusion periods, enforcement against the employer.
Vacation & Leave
Statutory minimum, carry-over, payout on termination, parental leave, sick days.
Reference Letter (Zeugnis)
Decoding the hidden grading system and correcting unfair wording.
The 21-day deadline
Under § 4 KSchG, you must file a Kündigungsschutzklage at the competent Arbeitsgericht within three weeks of receiving the written dismissal. The clock starts the moment the letter physically reaches you — not when the employer signed it, not when it was mailed.
If the deadline expires without a claim being filed, § 7 KSchG treats the dismissal as legally valid — regardless of how strong the substantive challenge would have been. The narrow exception under § 5 KSchG (Wiedereinsetzung) applies only where the employee was prevented from filing through no fault of their own, typically a hospitalisation.
See our detailed walkthrough at the three-week deadline.
Special protections — when the standard rules don’t apply
- Pregnant women — § 17 MuSchG: dismissal generally void.
- Parents on Elternzeit — § 18 BEEG: dismissal requires prior approval from the supervising authority.
- Severely disabled employees — § 168 SGB IX: dismissal requires Integrationsamt approval.
- Works council members — § 15 KSchG: dismissal protection during and after term.
- Apprentices — § 22 BBiG: ordinary dismissal generally not possible after probation.
Severance — how it actually works
German law does not give a general statutory right to severance — but in practice, severance is the negotiated price for ending dismissal-protection litigation. The customary Cologne range is 0.5–1.0 monthly gross salaries per year of service, with weaker employer cases settling higher.
For the detailed mechanics — formula, tax treatment (Fünftelregelung), negotiation strategy — see our dedicated service page: Severance Lawyer Germany.