Dismissed in Germany? 3 weeks to act.
A dismissal in Germany must be in writing, signed by an authorised person, and — where the KSchG applies — socially justified. You have just 21 days to file an unfair-dismissal claim. We review your case for free.
⚠ Filing deadline: 3 weeks from receipt of the written dismissal (§ 4 KSchG)
If you miss this deadline the dismissal becomes final — regardless of whether it was lawful. Send us the letter today.
In Germany, a dismissal must be in writing with a handwritten signature (§ 623 BGB) and — where the Dismissal Protection Act (KSchG) applies — must be socially justified on conduct, person or operational grounds (§ 1 KSchG). The KSchG kicks in once you have been employed for more than 6 months at an employer with more than 10 staff. From receipt of the dismissal letter you have 3 weeks to file an unfair-dismissal claim at the competent Arbeitsgericht (§ 4 KSchG). Missed deadlines are almost always fatal.
Written and reviewed by Fatih Bektas, German employment-law specialist (APOS Legal Heidelberg).
Types of dismissal under German law
Conduct-related (verhaltensbedingt)
Based on a culpable breach of duty. Usually requires a prior written warning (Abmahnung) for the same type of misconduct. Without a valid Abmahnung this type of dismissal often fails.
Person-related (personenbedingt)
Most often health/long-term-sickness grounds. Strict tests apply: negative prognosis, substantial business interference and balancing of interests. Reintegration management (BEM) is a prerequisite.
Operational (betriebsbedingt)
Driven by an operational decision that eliminates the position. Requires a proper social selection (Sozialauswahl) across comparable employees on tenure, age, dependants and disability.
What to do in the first 24 hours
- Note the date of receipt. The 3-week clock starts the day you physically receive the letter — not the date on the letter itself.
- Do not sign anything. Especially no termination agreement, no exit waiver, no severance acceptance. Read it, take it home, do not sign.
- Send us the letter. A specialist reviews it for free, identifies formal errors and tells you whether challenging it makes sense.
- Register as job-seeker (arbeitsuchend). Within 3 days at the Agentur für Arbeit to avoid unemployment-benefit reductions.
- If you have legal-expenses insurance: notify them now so cover is in place when we file.
Dismissal — most common questions
What is the deadline to challenge a dismissal in Germany?
Exactly three weeks from receipt of the written dismissal letter (§ 4 KSchG). If you miss the deadline the dismissal is generally treated as valid even if it was unlawful. Subsequent admission under § 5 KSchG is granted only in rare exceptional cases (e.g. serious illness). Contact a German employment-law specialist immediately.
Does the employer need a reason to dismiss me?
Yes, where the Dismissal Protection Act (KSchG) applies — i.e. when you have been employed for more than 6 months and the employer has more than 10 employees (§ 23 KSchG). Permitted grounds are: conduct-related (verhaltensbedingt), person-related (personenbedingt, often health-related) or operational (betriebsbedingt). Without one of these grounds the dismissal is socially unjustified and invalid.
What notice periods apply?
Statutory notice periods are set out in § 622 BGB. During probation: 2 weeks. After probation: 4 weeks to the 15th or end of the calendar month; rising to up to 7 months after 20 years of service. The employment contract or a collective agreement may extend these periods, but not shorten the statutory minimum for the employer.
Does the dismissal letter have to be on paper?
Yes — a dismissal in Germany must be in writing with an original handwritten signature (§ 623 BGB). Email, fax, SMS or messenger notice is invalid. The signatory must also have actual or apparent authority to dismiss; otherwise you can reject the dismissal without delay under § 174 BGB.
Can I claim severance pay if I challenge the dismissal?
There is no general statutory severance entitlement, but in practice severance is negotiated in over 80% of dismissal-protection proceedings as part of a court settlement. Typical range: 0.5–1.5 gross monthly salaries per year of service.
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.