Kündigungsschutzklage — the formal claim against a dismissal.
Within 3 weeks of receiving the dismissal you file at the competent German labour court (Arbeitsgericht). The claim is the only formal route to challenge the dismissal — and the standard path to a negotiated severance.
⚠ Hard deadline: 3 weeks from receipt (§ 4 KSchG)
Miss the deadline and the dismissal is treated as valid under § 7 KSchG — even if it was obviously unjustified. Later admission under § 5 KSchG is granted only in rare exceptional cases.
The Kündigungsschutzklage under § 4 KSchG is filed at the Arbeitsgericht of the employer’s seat or your place of work. Its formal aim is a declaratory ruling that the dismissal is invalid and the employment continues. In practice the case ends in a court-supervised settlement (Vergleich) in the first conciliation hearing (Güteverhandlung) in about 70–80 % of all files — typically with a severance payment. If you miss the 3-week deadline, the dismissal is treated as valid by § 7 KSchG regardless of substance.
Written and reviewed by Fatih Bektas, German employment-law specialist (APOS Legal Heidelberg).
The 3-week deadline — how it is calculated
The clock starts on the day you receive the written dismissal letter — not the day it was signed, dated or dropped in the post. For a dismissal placed in your letter-box, the day of receipt is the day on which it could normally be expected to be picked up (usually that same day if delivered before late afternoon).
Worked example:
- Letter received Monday, 1 January.
- 3-week deadline runs until Monday, 22 January, 23:59.
- If 22 January is a Sunday or public holiday, the deadline moves to the next working day.
- Filing by fax or electronic filing (beA) counts the moment the court’s server receives the document — not the moment of sending.
Important: the 3-week deadline applies to every dismissal, including summary dismissals (fristlose Kündigung), redundancy dismissals and dismissals during probation. There is no shorter and no longer deadline for any variant.
Process at the Arbeitsgericht
- 01
File within 3 weeks
We file the Klageschrift at the competent Arbeitsgericht. The court immediately schedules a conciliation hearing (Güteverhandlung).
- 02
Güteverhandlung
Usually within 4–6 weeks of filing. The judge probes both sides — around 70–80 % of all cases settle here, almost always with a severance payment.
- 03
Kammertermin
If no settlement is reached, the case proceeds to a full chamber hearing (Kammertermin), typically 3–6 months later. Evidence is taken, witnesses may be heard, judgment follows.
- 04
Judgment or appeal
The chamber issues an enforceable judgment. Either side may appeal to the Landesarbeitsgericht within one month — the appeal is reviewed in full as to facts and law.
What does it cost?
At first instance each side bears its own legal costs regardless of outcome under § 12a ArbGG. Court fees are waived entirely if the case settles. Lawyers’ fees follow the statutory RVG schedule and are calculated from the value in dispute (Streitwert), which is normally capped at three gross monthly salaries (§ 42 (3) GKG).
With Rechtsschutz
Most employees in Germany hold a Rechtsschutzversicherung (legal-expenses insurance) covering employment matters after a 3-month waiting period. Notify your insurer immediately; cover must exist at the time the matter becomes legally relevant (Rechtsschutzfall), typically the day of the dismissal.
Without insurance
Without insurance, ask us for a fixed-fee quote. In most cases the fee is offset by the severance negotiated at the Güteverhandlung — the economic break-even is usually reached in the first hearing.
BAG — the fiction effect of § 7 KSchG
The Federal Labour Court has consistently held that a dismissal not challenged within the § 4 KSchG deadline is treated as valid by operation of § 7 KSchG — even if it would otherwise have been socially unjustified. This fiction effect (Fiktionswirkung) is near-absolute: subsequent admission under § 5 KSchG is granted only in narrow, strictly documented exceptional situations.
Wird die Klage nicht innerhalb der Drei-Wochen-Frist des § 4 KSchG erhoben, so gilt die Kündigung von Anfang an als rechtswirksam (§ 7 KSchG). Diese Fiktion erfasst alle Unwirksamkeitsgründe.
English rendering: If no claim is filed within the three-week period of § 4 KSchG, the dismissal is deemed valid from the outset (§ 7 KSchG). This fiction covers all grounds of invalidity. Read the judgment on dejure.org →
Realistic severance expectations
German law does not grant an automatic right to severance just because a dismissal exists. Severance is almost always the result of a court-supervised settlement at the Güteverhandlung. The rule-of-thumb anchor is 0.5 gross monthly salaries per year of service (§ 1a KSchG) — the actually negotiated amount, however, regularly reaches 1.0 to 1.5 monthly salaries per year.
The negotiating leverage is driven by three factors:
- Strength of the claim. A dismissal with obvious formal defects (missing works-council consultation, flawed social selection, § 174 BGB authorisation defect) commands a higher severance.
- Length of service. Each additional year of service is a direct lever on the anchor formula and increases the employer’s Annahmeverzugslohn risk if the dismissal is later held invalid.
- Likely alternative outcome. If reinstatement is realistically unattractive to both sides, the employer values certainty more highly and the severance multiplier rises accordingly.
Unfair-dismissal claim — most common questions
What is a Kündigungsschutzklage?
A Kündigungsschutzklage (unfair-dismissal claim) is the formal declaratory action under § 4 KSchG asking the Arbeitsgericht to declare that a dismissal has not ended the employment. It is the only legal route to challenge a German dismissal. If the claim is not filed within 3 weeks of receipt, the dismissal is treated as valid (§ 7 KSchG) even if it was socially unjustified.
What is the deadline for filing?
Exactly 3 weeks from receipt of the written dismissal letter (§ 4 KSchG). Weekends and public holidays do not extend the deadline unless the final day itself falls on one, in which case the deadline moves to the next working day. Later admission under § 5 KSchG is granted only in rare cases where the employee was prevented from filing in time without their fault (e.g. serious illness).
What happens at the Güteverhandlung?
The Güteverhandlung is the mandatory first conciliation hearing — usually scheduled 4–6 weeks after filing. The chairing judge probes the strengths and weaknesses of both sides and actively suggests settlement. Roughly 70–80 % of cases are resolved at this stage, almost always with a severance payment.
How much does an unfair-dismissal claim cost?
Under § 12a ArbGG each side bears its own legal costs at first instance, regardless of outcome. Court fees are waived entirely if the case settles. Lawyers’ fees follow the statutory RVG schedule and are calculated from the value in dispute, which is normally capped at three gross monthly salaries (§ 42 (3) GKG). Most employees have Rechtsschutzversicherung (legal-expenses insurance) covering employment matters after a 3-month waiting period.
Do I automatically get severance?
No. There is no statutory right to severance just because a dismissal exists. Severance is almost always the result of a settlement — because the employer wants to buy certainty, and because an invalid dismissal would mean reinstatement plus months of back pay. The rule-of-thumb anchor is 0.5 gross monthly salaries per year of service; the actually negotiated amount regularly reaches 1.0 to 1.5 monthly salaries per year, depending on the strength of the claim.
What if I accept a termination agreement instead of filing?
A termination agreement (Aufhebungsvertrag) usually triggers a 12-week unemployment-benefit blocking period (§ 159 I SGB III), even if a severance was paid. Filing the Kündigungsschutzklage first and letting the court record a settlement typically avoids the Sperrzeit. Never sign an Aufhebungsvertrag presented together with a dismissal letter without a lawyer’s review.
Can I keep working during the claim?
Legally yes — until the end of the (contested) notice period you remain employed. In practice the employer usually places you on garden leave (Freistellung). A proper garden leave counts as full working time for salary purposes; a defective one may leave you with Annahmeverzugslohn claims (default-of-acceptance wages) if the dismissal is later held invalid.
What is the Weiterbeschäftigungsanspruch?
If the first-instance court finds the dismissal invalid, you may have a provisional right to continued employment until the appeal is decided (BAG GS 1/84). The employer must then re-employ you despite having filed an appeal — a substantial pressure point in negotiations after a successful first-instance ruling.
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.
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