After a dismissal in Germany, employees have exactly three weeks to file an unfair-dismissal claim (Kündigungsschutzklage) at the competent labour court (§ 4 KSchG). If this deadline is missed, the dismissal is generally treated as valid — even if it was unlawful. There is no general statutory right to severance pay (§ 1a KSchG); in practice, severance is negotiated in more than 80% of dismissal-protection proceedings as part of a settlement. The rule-of-thumb formula is 0.5 gross monthly salaries per year of service; with strong negotiating leverage, materially more is achievable. Notice periods are set in § 622 BGB; the social justification for every dismissal in § 1 KSchG. For tax, severance benefits from the “one-fifth rule” (§ 34 EStG).

Written and reviewed by Fatih Bektas, German employment-law specialist (APOS Legal Heidelberg). 2,000+ successful proceedings at German labour courts.

Process

From enquiry to settlement

  1. 01

    Free review

    Send us the dismissal letter and a short description. We respond within 48 hours.

  2. 02

    Mandate

    If we proceed, you sign a mandate. Often covered by legal-expenses insurance.

  3. 03

    File the claim

    We file the Kündigungsschutzklage at the competent Arbeitsgericht within 3 weeks.

  4. 04

    Settlement

    Most cases settle at the first hearing — typically with a negotiated severance.

FAQ

Most common questions on dismissal & severance

Direct answers to the questions we most frequently hear from English-speaking employees in Germany.

German law does not give a general entitlement to severance pay. A statutory claim exists only in narrow cases (e.g. § 1a KSchG, when the employer ties an offer of severance to the dismissal). In practice, severance is negotiated during the unfair-dismissal proceedings (Kündigungsschutzklage) or in a termination agreement. The typical formula is 0.5 gross monthly salaries per year of service.
Contact

Tell us about your case

Fill in the form — we will review your situation. Free of charge, typically within 48 hours. We handle German labour-law matters in English.

What happens next?

After your enquiry we review the details and reply with an initial assessment — whether the dismissal can be challenged, how high a likely severance could be and which next steps make sense.

Response time: we reply within 48 hours on working days. If you have already received a dismissal, please mention it — deadline-sensitive cases are prioritised.

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This website does not replace legal advice. All content is provided for general information only and does not constitute legally binding advice on any individual matter. A legally reliable assessment of your specific situation requires an individual review by a German employment-law specialist. Despite careful research, the legal position may change through new statutes or court decisions; we accept no liability for the accuracy or completeness of the information.

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