Dismissed? You have three weeks.
After a dismissal you have three weeks from the day it reached you to bring a claim before the labour court (§ 4 KSchG, the German Protection Against Dismissal Act). If you miss that deadline, the dismissal is treated as valid, even if it was not (§ 7 KSchG). Note the date the letter arrived, and do not sign anything for now, neither a waiver of claims nor a settlement agreement. Also register with the employment agency (Agentur für Arbeit) as seeking work; separate, short deadlines apply to that (§ 38 SGB III).
Christian Czirnich, Rechtsanwalt (attorney) since 1994, KirchseeonPrefer to call? +49 8091 617 7777
Write to me in English and I will answer in English. Proceedings before a German labour court are conducted in German; I take care of that.
What the figure does not tell you
The deadline is calculated, the rest is not: whether the dismissal is valid at all, what a claim would cost and what you could negotiate instead. That depends on what the letter says.
Tell me when the dismissal arrived and what it says – I will look into it.
I read every message myself and usually reply on the next working day. What you write to me is covered by legal professional privilege from the first word, even if no engagement comes about. The initial assessment is free of charge.
Your message has arrived. I will usually reply on the next working day. If it is urgent: +49 8091 617 7777
Frequently asked questions
How long do I have to bring an unfair dismissal claim?
Three weeks from receipt of the written dismissal (§ 4 sentence 1 KSchG, the German Protection Against Dismissal Act). If the deadline is missed, the dismissal is treated as valid from the outset (§ 7 KSchG). The calculator on this page gives you your actual date — what counts is actual receipt, not the date printed on the letter.
Does protection against dismissal apply in a small business?
The general protection against dismissal applies only above a certain size of business and after more than six months of employment (§ 1 para. 1, § 23 para. 1 KSchG). Note: the widely quoted rule of thumb “more than ten employees” applies only to employment that began after 31.12.2003; for older employment the threshold is five. Independently of all that, the three-week deadline runs in every case — including in a small business.
Will I get a severance payment?
A statutory entitlement exists only in special cases. In practice, a large share of unfair dismissal proceedings nonetheless end in a settlement that includes severance. As a rough orientation for negotiation, the rule of thumb is half a gross monthly salary per year of service — that is expressly not a promise.
What will the proceedings cost me?
Fees follow the value in dispute; in a claim about the continuation of employment that is capped at one quarter’s earnings, and severance is not added to it (§ 42 para. 2 GKG, the German Court Fees Act). One peculiarity of German employment law: at first instance each side bears its own legal costs, even the winner (§ 12a para. 1 ArbGG, the German Labour Court Act). If you have legal expenses insurance, I will handle the coverage enquiry.
Which labour court has jurisdiction?
For clients in the Ebersberg district, as a rule the Munich Labour Court; for the Rosenheim and Wasserburg area, the Rosenheim Labour Court. I represent you at both.
What happens if the three weeks have already passed?
Then not everything is lost. If the delay was through no fault of your own, the court may still admit the claim (§ 5 KSchG). There are also grounds of invalidity that this deadline does not catch at all — for instance the absence of written form (§ 623 BGB, the German Civil Code). Call before you give up.
Do I have to register as seeking work even though I am bringing a claim?
Yes. The duty to register applies regardless of whether the continuation of the employment is being pursued in court (§ 38 para. 1 sentence 3 SGB III, German Social Code Book III). If fewer than three months lie between learning of the end date and the end of employment, you have only three days. Missing it risks a reduction of your unemployment benefit.
Office: Hubertusstr. 8a, 85614 Kirchseeon (OT Eglharting), a few minutes from Eglharting S-Bahn station. Directions and map