If you have already received a notice of termination, you must act quickly. The German Protection Against Unfair Dismissal Act stipulates a short deadline of only three weeks from receipt of the notice, within which a claim for unfair dismissal must be filed with the labor court. Therefore, it is best to contact me immediately.

Employers often offer a so-called termination agreement before issuing a dismissal. This agreement represents a mutual termination of the employment relationship. Although it usually includes severance pay, termination agreements that are not reviewed contain many pitfalls for employees. In particular, the employment agency may impose a three-month waiting period, thus reducing your entitlement to unemployment benefits. Please note that you are not obligated to sign a termination agreement. It is essential to have the agreement reviewed by a lawyer beforehand.

You can contest a dismissal by filing a claim for unfair dismissal with the competent labor court. It is essential to strictly adhere to the three-week deadline after receiving the dismissal notice. If this deadline is missed, the dismissal is deemed valid.

As soon as you receive a notice of termination from your employer or have resigned without expecting to find new employment, you must register as a jobseeker with the Federal Employment Agency (Agentur für Arbeit). You must register as unemployed no later than the first day of your actual unemployment. Further information on jobseeker and unemployment registration, as well as on receiving unemployment benefits, can be found on the Federal Employment Agency’s website.

Generally, even after receiving a notice of termination, you must continue working until the end of the notice period and your actual departure from the company. This does not apply if your employer has (irrevocably) released you from your work duties.

Termination of the employment relationship is possible for both parties.

It should be noted that special legal regulations apply to employers, making termination more difficult. The German Protection Against Unfair Dismissal Act (KSchG) permits employers – insofar as the KSchG applies – to terminate employment only if one of the reasons stipulated in the Act exists.

Accordingly, termination is generally only permitted if:

1. urgent operational reasons exist
2. conduct-related reasons
3. personal reasons exist (usually in cases of long-term illness)

A further distinction must be made between ordinary termination with notice and extraordinary termination without notice.

A dismissal can also occur during sick leave. Therefore, especially during extended hospital or rehabilitation stays, you should ensure your mailbox is emptied regularly. Otherwise, you risk missing the three-week deadline for filing an unfair dismissal claim.

A dismissal can also occur during a vacation. Especially during extended vacations, you should therefore ensure that your mailbox is emptied regularly. Otherwise, you risk missing the three-week deadline for filing a claim for unfair dismissal.

If you are severely disabled with a degree of disability of 50 or more, or equivalent, your employer must obtain approval for the dismissal from the Integration or Inclusion Office (“Integrtionsamt” oder “Inklusionsamt”) before issuing a dismissal notice.

As a member of the works council, you enjoy special protection against dismissal, meaning you can only be dismissed for cause. Ordinary dismissal is excluded with very few exceptions. Furthermore, in the case of dismissal for cause, the works council must approve the dismissal.