Dismissal, Termination And Protection Against Unfair Dismissal in Germany

Whether the employee or the employer terminates an employment agreement, important deadlines and regulations must be complied with in Germany, so that the termination becomes effective. Our specialized German termination lawyers advise on the correct termination of employment relationships in Germany.

If the terminating company has a works council, it must be consulted before the notice of dismissal is announced. If the employer fails to inform the works council of an employee's dismissal, the dismissal is invalid and can be annulled by a labor court. The termination is also ineffective when the consultation of the works council is incomplete and does not reveal all the details known to the employer. A lawyer for termination of employment agreements can help to avoid pitfalls.

Any dismissal must be in written form and signed by the authorized person. Neither the employer nor the employee may deliver a dismissal by fax or e-mail. Also a "delivery" via Whatsapp or social media does not meet the legal requirements.

Moreover, the letter of dismissal must be delivered in a legally effective manner. Ideally, a dismissal is delivered personally and acknowledged by the recipient.

Employees in Germany enjoy protection against dismissal according to the German Employment Protection Act (Kündigungsschutzgesetz, KSchG). Prior to a dismissal, the employer must therefore give intensive thought to whether a termination of the respective employee is possible at all. By the way, simply bad performance is not a legal reason for dismissal.

During the first six months of an employment, however, there is no protection against dismissal according to the KSchG - apart from certain legal exceptions. Moreover, the German Employment Protection Act does not apply if the employee's business is a "small enterprise" (usually ten or less employees except trainees; five or less employees if the employment started before December 12, 2003).

We will be glad to explain under which circumstances a dismissal or a claim against unfair dismissal will be successful. In this context, we offer advice prior to a dismissal as well as on filing a claim against unfair dismissal. Our unfair dismissal lawyers mainly advise medium-sized companies from a wide range of different sectors. In addition, we represent executives and managing directors in disputes with their employers.