Germany

Employment

Wrongful termination, overtime pay, unpaid wages, discrimination, leave rights

25 questions

🚪

Dismissal Protection

(10)
What are the notice periods for employment termination?
In Germany, standard notice periods range from 2 weeks during probation to up to 7 months for employees with 20+ years of service — depending on tenure and employer size.
What constitutes unfair dismissal under German law?
Unfair dismissal in Germany occurs when an employer terminates an employee with over 6 months’ service without a valid social justification—such as conduct, personal reasons, or urgent operational needs—and fails to follow required procedural and social selection rules.
Can my employer fire me without notice?
Yes, but only for serious cause and within strict legal limits — such as gross misconduct — and the employer must act within two weeks of learning about the reason.
What is a severance payment and when am I entitled to one?
A severance payment (Abfindung) in Germany is a one-time financial compensation paid to an employee upon termination of employment, typically ordered by a court under KSchG § 9 when continued employment is unreasonable — not an automatic right after every dismissal.
What is a change-related dismissal (Änderungskündigung)?
A change-related dismissal (Änderungskündigung) is when an employer terminates employment but simultaneously offers to continue it under changed conditions — and the employee may accept conditionally, challenging the fairness of those changes.
Can I be dismissed during the probation period?
Yes, you can be dismissed during the probation period in Germany, but only with a two-week notice period and subject to anti-discrimination rules.
What are mass layoff notification requirements?
Employers in Germany must notify the Federal Employment Agency (Agentur für Arbeit) before carrying out mass layoffs — defined as dismissals of specific minimum numbers of employees within 30 days, depending on company size. They must also consult the works council and follow strict procedural rules.
Can I be fired for misconduct?
Yes, you can be fired immediately for serious misconduct under German law — but only if it constitutes a 'good cause' and the employer acts within two weeks of learning about it.
Must termination be in writing?
Yes, under German law, all employment terminations must be in written form to be valid — electronic forms like email or SMS are not sufficient.
How do I challenge an unfair dismissal in court?
You must file a lawsuit at the labor court within three weeks of receiving the written dismissal notice, claiming the dismissal is socially unjustified or invalid.