Three weeks. After that, the dismissal is effective — even if it had no substance.
This is the most important sentence on this page. If you receive notice of dismissal and do not file an unfair dismissal claim (Kündigungsschutzklage) within three weeks of receipt, the dismissal is deemed effective from the outset. The period runs from the day the letter is in your letterbox — not from the day you read it.
So if you are holding a notice of dismissal, calling us is more urgent than wondering whether it is worth it. Whether it is worth it, we will clarify in our conversation — the deadline will not wait that long.
Whether you are protected against dismissal depends on two conditions: the business must regularly employ more than ten employees, and your employment must have lasted longer than six months. If both are met, the employer needs a reason — relating to your person, your conduct or operational requirements — and must prove it in the event of a dispute.
With dismissals for operational reasons, in practice the dismissal often fails not on the reason but on the social selection (Sozialauswahl): among comparable employees, the employer must select those least in need of social protection. Mistakes here are common and can be challenged.
Even where the Dismissal Protection Act (KSchG) does not apply, an employer cannot dismiss at will. Formal defects, failure to consult the works council, special protection during pregnancy, parental leave or for severely disabled employees — there are more points of attack than most people suspect.
A widespread misconception: there is no general entitlement to severance pay. Severance is the price for your giving up the continuation of the employment relationship — and that price depends on how risky the litigation would be for the employer.
It follows that your negotiating position arises from the legal strength of your claim, not from your need for a severance payment. The rule of thumb of half a month's salary per year of service is a guide, not an entitlement. There is considerable room either way.
A termination agreement (Aufhebungsvertrag) ends the employment relationship by mutual consent. That can make sense. But it can cost you a suspension period (Sperrzeit) of up to twelve weeks for unemployment benefit, because you contributed to ending the employment — and during that time you receive no money.
Do not sign anything in the HR meeting. Take the paper with you. An afternoon to think it over costs nothing; a hasty signature costs several months' salary.
A formal warning (Abmahnung) is the precursor to dismissal for misconduct. It must state the allegation specifically; sweeping reprimands can be challenged. You can demand that a counter-statement be added or that the warning be removed from your personnel file — which route is wiser depends on whether you want to stay.
With the employment reference (Arbeitszeugnis), you are entitled to a benevolent reference that supports your professional advancement. Reference language is coded; wording that sounds friendly can mean the opposite. We review references before you accept them.
With bonuses, commissions and target agreements, the contractual clause almost always decides. Voluntariness and revocation reservations are often worded in a way that makes them invalid — and then the entitlement exists regardless. That merits a review, especially for executives.
A non-compete covenant after the end of employment is only binding if compensation for the restraint period (Karenzentschädigung) is promised for it — at least half of the most recent remuneration, for the duration of the covenant. Without it, the covenant is generally not binding. Those unaware of this may stay out of the market for years for no reason.
We also advise the other side: on drafting legally sound employment contracts, on separation processes that are not meant to end in court, on warnings that hold up, and on termination agreements that will not be challenged later. Acting for both sides in the same matter is, of course, ruled out.
Fees under the German Lawyers' Remuneration Act (RVG), calculated from the amount in dispute — in unfair dismissal proceedings, generally three months' gross salary. A peculiarity of employment law: at first instance, each side bears its own lawyer's fees, even if it wins.
Legal expenses insurance often covers employment law — we check your policy and handle the request for cover.
Three weeks from receipt of the written notice of dismissal (§ 4 Satz 1 KSchG). If no unfair dismissal claim is filed with the labour court within this period, the dismissal is deemed effective from the outset (§ 7 KSchG) — even if it could have been challenged on the merits. The notice has been received as soon as it is in the letterbox and it can be expected to be collected.
If the business regularly employs more than ten employees (§ 23 Abs. 1 KSchG) and the employment relationship has lasted longer than six months (§ 1 Abs. 1 KSchG). The employer then needs a reason relating to the employee's person, conduct or operational requirements.
As a rule, no. A statutory entitlement exists only in special cases — for instance where the employer combines a dismissal for operational reasons with a severance offer under § 1a KSchG, in the case of a court judgment dissolving the employment relationship (§§ 9, 10 KSchG), or under a social plan. In practice, severance is negotiated; its amount depends on how great the employer's litigation risk is.
No. Terminating an employment relationship requires written form, that is, a letter signed by hand (§ 623 BGB). A dismissal by email, text message, messenger or fax is invalid.
Yes, that is the standard risk. Anyone who contributes to ending their employment risks a suspension period of up to twelve weeks (§ 159 SGB III). Whether there is good cause that avoids the suspension period should be checked before signing.
At first instance, each party bears its own lawyer's fees, regardless of the outcome of the proceedings (§ 12a Abs. 1 ArbGG). Legal expenses insurance often covers employment law.
Answers as of October 2026. They state the general statutory rule; individual cases may differ.
This text is a general overview and does not replace advice on your individual case. Which rules apply to your matter depends on circumstances that can only be clarified in a consultation.
