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Employment law · Protection against dismissal

Dismissed? You have three weeks.

Enter below the date on which you received your dismissal. You will see straight away by when the claim must be with the court.

Write to me in English — I will answer in English. The proceedings themselves are conducted in German before a German labour court; I take care of that.

1 Your deadline
2 Your severance

What severance is usual?

Please note: if you resign yourself, there is as a rule no severance at all.

3 Your enquiry

I have received a dismissal — please get in touch with me.

How can I reach you?

Everything you tell me is protected by attorney–client confidentiality — from the first word, even if no engagement follows. Details in the privacy notice.

Prefer to call? 08091 617 7777

Tip: with the date above you see straight away how much time is left — and I know how urgent it is.

Christian Czirnich, attorney at law, at his practice in Kirchseeon

Christian Czirnich, Rechtsanwalt (German lawyer)

The law on your side.

  • Christian Czirnich
    Admitted since 1994 as a German attorney at law
  • You deal with me directly — no case handlers
  • Costs settled in advance, insurance coverage enquiry handled by me

What happens next

  1. You submit. You will immediately receive confirmation that your enquiry has arrived. This does not yet create a lawyer-client relationship.
  2. I first check that I do not already represent the other side. Professional conduct rules require this, and it cannot be automated — which is why the form asks for your employer’s name.
  3. I will get back to you within 24 hours on working days. If I can take the case, you will receive an initial assessment and my offer: power of attorney, instruction, notice of your right of withdrawal, and my terms of engagement. If I cannot take it, I will tell you just as quickly so that you can approach another firm in good time — but without any comment on your case, as that would require an engagement.
  4. You sign and return. Only then am I instructed and able to act for you. As a consumer you then have a 14-day right of withdrawal; the offer will explain this in full.
  5. Claim and conciliation hearing. How a conciliation hearing works, I have described here (in German).

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.

Where to find me

Practice at Hubertusstr. 8a, 85614 Kirchseeon(district of Eglharting) — a few minutes from Eglharting S-Bahn station, parking in front of the building. Directions and map

Have you been offered a settlement agreement instead? Then no court deadline is running, but often a deadline to accept — put the offer in context here.

If it is urgent, calling is the fastest way: 08091 617 7777, Appointments at the office: Mon–Thu 9–12 and 14–17, Fri 9–12. I also read enquiries submitted through this form in the evenings and at weekends.