A Labor Story: How to Defend Your Rights Against Unlawful Dismissal

Once upon a time there was Igor, a simple, hard-working man. Originally from Kazakhstan, he had moved to Germany with his family in early childhood in search of a better life. Here, on German soil, he found his place. He worked diligently — laying clinker paving one day, raking leaves in a park the next. The work may not have called for high qualifications, but it was steady and covered by a proper employment contract.

Trouble at Work Begins

The contract was no simple document. It set out both Igor's duties and his employer's rights, and even mentioned "social dependency" — that state in which an employee is nominally free, yet entirely dependent on the employer. At some point, that very employer decided to change the terms of employment. He told Igor: "We're cutting your hours, which means your pay too." Igor refused, and did not sign the new agreement.

Despite his refusal, however, his pay was cut the following month under the new terms anyway. Igor realized the matter was becoming serious and decided to seek legal help.

The First Visit to the Lawyer

That's how he ended up at our law firm. Our employment lawyer listened to Igor carefully and explained that while an employer is free to propose changes to a contract, such changes have no legal effect without the employee's consent. Igor was surprised to learn that refusing to sign the new contract was only the first step. Now a written claim had to be drawn up, demanding repayment of the shortfall in his wages.

Correspondence and a First Win

The written claim was sent. Once the employer saw that Igor had no intention of backing down, it agreed to restore his original working conditions and repay the amount withheld.

A Second Problem: Unlawful Dismissal

One might have thought this first victory over the employer would put an end to the conflict, but the story didn't end there. Some time later, Igor received notice terminating his employment contract. The employer had decided to dismiss him, citing redundancy as the reason. Igor, however, understood that the real reason lay in their earlier dispute over wages. He turned once again to our firm's lawyer.

The lawyer immediately noted that the situation fell under the protection of the Dismissal Protection Act (§1 Kündigungsschutzgesetz — KSchG). Under this law, a dismissal must be socially justified, meaning there must be a valid reason — operational necessity, the employee's personal circumstances, or their conduct. In Igor's case, the employer would have to prove that the redundancy was genuinely necessary, which in reality would be difficult to substantiate.

Moreover, under §2 KSchG, if an employer wants to change the terms of employment, it must offer a so-called "change dismissal" (Änderungskündigung). This means the employee is offered a choice: accept the new terms, or be dismissed. But even this route requires proper justification.

Preparing for Trial

The lawyer advised Igor to file a claim with the labor court to challenge the dismissal. In preparation for trial, all available evidence that the dismissal was unlawful was gathered, including correspondence with the employer and statements from colleagues.

Our employment lawyer drafted the statement of claim, arguing that Igor's dismissal violated §1 KSchG, since there were no lawful grounds for terminating his employment contract. The lawyer also pointed to a procedural violation of §102 of the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG), which requires that any dismissal be agreed with the works council, where one exists.

The Trial

The hearing opened with both sides presenting their positions. The employer claimed the dismissal was driven by economic necessity and a genuine reduction in staff. Igor's lawyer, however, presented the court with evidence to the contrary. He pointed out that no real redundancy had taken place at the company at all — a new employee was already being sought to replace Igor, backed up by a corresponding job posting at the employment exchange.

The judge carefully reviewed the submitted documents and heard the arguments from both sides. Our lawyer, Engelmann, focused on the following points:

1. No lawful grounds for dismissal. The employer was unable to provide any evidence that Igor's dismissal was driven by an objective necessity.

2. A procedural breach. The dismissal notice had not been agreed with the works council, as required under §102 BetrVG.

3. A motive of retaliation. The lawyer emphasized that the dismissal had been initiated shortly after Igor successfully asserted his right to full pay — pointing to the employer's evident wish to get rid of an "inconvenient" employee.

Weighing all the evidence presented, the judge ruled in Igor's favor. The dismissal was declared unlawful, and Igor was reinstated in his job with compensation for lost earnings.

Justice Restored

After the trial, Igor returned to his job, feeling confident in his rights. The case became an example for him and his colleagues alike that the law can, and does, protect employees. The lawyer reminded him that should any new problems arise, he could always count on legal help.

The trial proved to be an important lesson for Igor — a reminder that it's worth fighting for your rights to the very end.

Tips for Anyone Facing Labor Law Violations in Germany

1. Dismissed? Stay calm — calm above all!

If a dismissal letter suddenly lands in your mailbox, don't rush to cry into your pillow or start packing your bags. Remember that in Germany, dismissal is almost a ritual, complete with its own obligatory dance around bureaucracy. Even if you're no expert in labor law, know this: your employer must be prepared to prove you weren't dismissed on a whim, but for genuinely solid reasons.

2. A signature? The devil is in the details!
Have you been asked to sign a new contract with "improved" terms (read: less money, more work)? Call your lawyer right away. An unsigned agreement is your alibi, should your employer decide to run a little "experiment" with your paycheck.

3. Has your employer proposed some "administrative fee"? Ask: "Is that even legal?"
Fond of jokes? Good, because that's exactly what such deductions are. If your employer suddenly decides you should cover some "unforeseen expense," just smile and point them to §611 of the German Civil Code. Let them understand that German law isn't a restaurant menu where you can order whatever suits your taste.

4. Notice of termination? Accept it with dignity, as a formal invitation to the ball of the courts.
Yes, you've been dismissed. But that's hardly the end of the story! Now comes the truly interesting part — the trial. Get your popcorn ready in advance, and bring a lawyer along. Your task is to prove the employer was wrong, and in Germany, that can be done quite elegantly.

5. Documents are your friends.
Keep every scrap of paper, every letter, even ones that seem harmless at first glance. Remember that every single word can end up working in your favor in court. The more documents you have, the fewer chances your employer has of getting off scot-free.

6. Don't be afraid to be an "inconvenient" employee.
Standing up for your rights isn't a mutiny — it's a perfectly lawful demand. Igor became so "inconvenient" to his employer that it decided to get rid of him. And how did that turn out in the end? Victory for Igor! Remember: sometimes it pays to be persistent and stand your ground.

7. A lawyer is your best friend.
No, not a work colleague — a lawyer, specifically. A good lawyer is your trump card in any labor dispute. This employment lawyer showed that even the most complicated situations can be untangled, if you know where to find the right paragraph of the law. So don't hesitate to call and ask questions.

Employment & Labor Law

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