When does German dismissal protection apply to me?
The KSchG kicks in only above two thresholds: you have been employed for more than 6 months, and your employer has more than 10 staff. Below those thresholds, the protection is much weaker — but never zero.
The Kündigungsschutzgesetz (KSchG) is Germany’s central employment-protection statute. Where it applies, every ordinary dismissal must be socially justified on conduct, person or operational grounds (§ 1 KSchG). Two conditions must be met: more than 6 months of employment (§ 1 (1) KSchG) and more than 10 employees at the employer (§ 23 (1) KSchG). Part-time staff count proportionally (0.5 / 0.75 / 1.0 weights).
The two thresholds
6-month qualification (§ 1 (1) KSchG)
You must have been continuously employed for more than 6 months at the same employer. Probation periods count. If the dismissal lands before this date, the KSchG does not protect you — only general rules (good faith, anti-discrimination, special protection) apply.
Small-business threshold (§ 23 (1) KSchG)
The employer must have more than 10 employees (counted with part-time weighting). Apprentices and the employer themselves do not count. Below this threshold the KSchG does not apply — even with long tenure.
What protection do you have if KSchG does not apply?
- Formal requirements: written form with original signature (§ 623 BGB) — many dismissals fail here alone.
- Notice periods: § 622 BGB still applies — and the employer must observe them.
- Special dismissal protection: pregnancy, parental leave, severe disability, works-council membership — these protections apply independently of the KSchG.
- Good faith / anti-discrimination: dismissals violating § 242 BGB or the AGG are invalid even outside KSchG.
- Filing deadline still 3 weeks: the § 4 KSchG deadline applies regardless of whether the substantive KSchG protection applies — miss it and you lose the right to challenge.
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.
bektas@apos.legal
+49 6222 9599 2400
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.
Dismissed? The clock is ticking.
Tell us about your case — we check for free whether your dismissal can be challenged and how high your severance can be. Usually within 48 hours.
Get my free review →Received a dismissal? You have just 3 weeks to file (§ 4 KSchG). Contact us immediately — we can protect your deadline while reviewing the case.