Dismissal in Germany
Unfair dismissals and legal action against them
If an employee receives notice of termination of employment, this is a traumatizing experience, combined with existential fears. Fortunately, nobody has to accept a dismissal unchallenged. Our specialist lawyers for employment law support you throughout Germany in enforcing your rights. Do not hesitate to contact us immediately.
Dismissal & protection in Germany
In Germany, employment is generally not “at will” of the employer. If a company has at least 10 employees, the employer must meet high requirements for an effective dismissal . In addition, there are more difficult conditions for dismissal in the event of pregnancy, disability, etc. Smaller companies also have to comply with the law. In general, it is difficult for employers to dismiss an employee without violating one or the other law.
If you have received notice of termination and have doubts about the legality of your dismissal, we advise you to file a complaint against dismissal . The aim of such an action is for the labor court to determine that the dismissal is invalid . If this is the case and the employer cannot invoke other grounds for dismissal, the labor court will declare the employment relationship to continue. Most legal proceedings before a labor court end with a settlement in which the dismissed employee usually receives a severance payment.
Legal action against dismissal
A legal action against dismissal can only be filed within three weeks of the dismissal ( § 4 sentence 1 KSchG ). This deadline applies to all types of dismissals, both ordinary dismissals and extraordinary dismissals including dismissals without notice . Due to the short notice period, it is important to take legal action in good time. Therefore, you should contact our specialized employment lawyers at AHS Law Firm immediately after receiving the dismissal notice . We will check whether an action for protection against dismissal makes sense and will file an action with the competent labor court within the deadline.
Dismissal protection proceeding in Germany
Procedure of a dismissal protection proceeding
In general, a “ conciliation hearing ” takes place within two weeks after the complaint against dimissal has been filed ( § 61a (2) Labour Court Act ). In the conciliation hearing, the employee and employer have the opportunity to agree on terminating the employment relationship and paying a severance package. Often, both parties are no longer interested in continuing the employment relationship and the court submits a settlement proposal .
As your specialist labor law attorneys , we have already examined various options in advance and discussed them with you depending on your objectives. If the court's proposal is accepted by both the employee and the employer, there will be no further hearings and no costs will be charged by the court.
If no agreement is reached at the conciliation hearing, a hearing takes place before the chamber. The time between the conciliation and chamber hearing is usually between three and five months. Before the chamber hearing, both parties have the opportunity to submit a detailed statement and evidence. At the hearing, all aspects of the termination are legally discussed and the parties are given another opportunity to reach an amicable agreement. If this is not the case, the chamber decides and the dismissal protection proceedings conclude , unless an appeal is filed with the regional labor court.
It should be noted that labor court proceedings are often concluded with a settlement that includes a severance payment. Although the employee has no legal claim to severance pay in principle, the employer often agrees to such a settlement if there is a risk of losing the case or if the employer rather wants the employee to leave the company. Other important topics in a settlement are the issue of a good employment reference and the return of items such as a notebook or company car.
Costs and fees in dismissal protection proceedings
The amount of court costs in dismissal protection proceedings is clearly defined in Germany. This allows us and you, to calculate the costs incurred even before filing the legal action against dismissal. We understand that this is particularly important for many employees, especially when faced with the threat of job loss . We will inform you in advance about all associated costs.
If you have taken out legal expenses insurance, it will cover all costs. Low-income earners also often have the option of being represented by us within the framework of legal aid . For this purpose, a certain income and assets must not be exceeded; fixed expenses such as maintenance obligations, rent and living costs are taken into account. We will submit the application to the court along with the action against unfair dismissal. If the application is granted, the state treasury will cover the incurred costs.
Filing an action for unfair dismissal with AHS Lawyers
- Exceptional communication : We will keep you informed of the progress of your claim and answer any questions or concerns you may have during the process. We know this process can be difficult for you and your family, and we are here to help you in any way we can.
- We are not a "run of the mill" law firm : When you work with us on your unfair dismissal claim, you will be in constant contact with one of our attorneys, not just an assistant or paralegal. You speak directly to the lawyer who is responsible for your case.
- Clients trust us : Without the support and gratitude of our past clients, we would not be where we are today. We have received numerous perfect client ratings of five out of five on several national lawyer rating services, including Google and anwalt.de .