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 way to challenge the dismissal — and the standard route to a negotiated severance.
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.
Process at the Arbeitsgericht
- 01
File within 3 weeks
We file the Klageschrift at the competent Arbeitsgericht. The court immediately schedules a conciliation hearing.
- 02
Conciliation hearing
Usually within 4–6 weeks of filing. The judge probes both sides — most cases settle here with severance.
- 03
Chamber hearing
If no settlement, the case proceeds to a chamber hearing months later. Evidence is taken, ruling follows.
- 04
Settlement or judgment
Either an enforceable settlement, or a judgment that may be appealed to the Landesarbeitsgericht.
What does it cost?
At first instance no court fees arise as long as the case settles. Each side bears its own legal costs regardless of outcome under § 12a ArbGG. Lawyers’ fees are governed by the RVG and calculated from the value in dispute (Streitwert), usually capped at three gross monthly salaries (§ 42 (3) GKG).
Most employees in Germany hold a Rechtsschutzversicherung (legal-expenses insurance) covering employment matters after a 3-month waiting period — notify your insurer immediately. Without insurance, ask us for a fixed-fee quote.
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.