Employment law decides on your income and professional future. Our law firm in Berlin-Charlottenburg advises and represents employees and employers throughout Germany – out of court and before the labour courts. We work in German, Russian, Ukrainian and English.
Dismissal and protection against dismissal
After a dismissal, every day counts: the action for protection against dismissal must reach the labour court within three weeks (§ 4 KSchG). We check whether the dismissal complies with form and deadlines and whether it is socially justified.
- Ordinary and summary dismissal (§§ 622, 626 BGB), written form (§ 623 BGB)
- Action for protection against dismissal and negotiation of severance pay
- Special protection during pregnancy and parental leave (§ 17 MuSchG, § 18 BEEG) and for severely disabled persons (§ 168 SGB IX)
- Review of termination and settlement agreements
Employment contract, warning and reference
Many disputes can be avoided if the employment contract is checked before signing. We also advise when the employer wants to change terms unilaterally.
- Review and drafting of employment contracts, fixed-term contracts (§ 14 TzBfG)
- Dismissal with an offer of altered terms (§ 2 KSchG) and transfers
- Formal warning (Abmahnung): review and response
- Employment reference (§ 109 GewO) and post-contractual non-competition clauses (§§ 74 ff. HGB)
Wages, holidays and benefits
Wage claims often lapse sooner than expected: many employment and collective agreements contain cut-off periods of just a few months. We enforce your claims in time.
- Wages, salary and overtime pay, statutory minimum wage (MiLoG)
- Continued pay during illness (§ 3 EFZG) and holiday entitlement (BUrlG)
- Maternity protection and parental leave
- Coordination with unemployment benefit and other social benefits
Representation before the labour court
Proceedings begin with a conciliation hearing, at which many disputes end in a settlement. If no agreement is reached, the chamber decides. At first instance, each party bears its own legal fees (§ 12a ArbGG).
- Conciliation and chamber hearings, settlement negotiations
- Interim injunctions in urgent cases
- Appeals before the regional labour court
- Enforcement of judgments and settlements
Employment with a foreign residence permit
For employees without German or EU citizenship, residence often depends on the job. A dismissal can therefore have consequences under immigration law, and illegal employment can lead to criminal proceedings. We consider both together.
How we work
- Initial consultation: we review the dismissal, contract or claim and identify running deadlines.
- Strategy: you learn your chances, risks and costs – including possible legal expenses insurance.
- Representation: we negotiate with the other side and represent you before the labour court.
We agree on the format and fee with you before we start.
Selected cases from our practice
Every case is different; past results are no guarantee of the outcome of your case.
- Protection against unlawful dismissal
- Unlawful dismissal: protecting employee rights
- Enforcing your rights after an unlawful dismissal
- Dismissal: procedure and notice periods
- Dismissal of a student employee
- Dismissal and severance in the automotive industry
- Damages for breach of the Dismissal Protection Act
- Changes to the terms of employment
- Fixed-term employment contracts
- From the practice of the labour court
All articles in this section
A complete list of guides and cases from our practice in this area of law.
- Protection Against Unlawful Dismissal in Germany
- Unlawful Dismissal of a Working Student in Germany
- Where to Find Justice at Dismissal in Germany
- Dismissal Procedure and Notice Periods in Germany
- Unlawful Dismissal: Protecting Your Rights
- Dismissal and Compensation in the German Auto Industry
- How to Defend Your Rights Against Unlawful Dismissal
- Changing Employment Contract Terms in Germany
- Recent Employment Case Law in Germany
- Labor Matters: Employment Law in Germany
- Employment Relationships in Germany: Arbeitsgericht Practice
- Fixed-Term Employment Contracts in Germany
- Employment & Contractual Relationships in Germany
- German Employment Law Court Rulings
- Damages for Breach of the Dismissal Protection Act
- Undeclared Work in Germany and § 263 StGB
Frequently Asked Questions
How long do I have to challenge a dismissal?
Three weeks from receipt of the written notice of dismissal (§ 4 KSchG). If no action is filed in time, the dismissal is generally deemed valid (§ 7 KSchG).
Am I entitled to severance pay?
There is no general statutory entitlement. Severance is usually agreed in dismissal protection proceedings or in a termination agreement; the amount is a matter of negotiation.
Is a dismissal by e-mail or WhatsApp valid?
No. A notice of dismissal must be in writing and signed by hand (§ 623 BGB). E-mail, text messages or messengers are not sufficient.
Should I sign a termination agreement?
Not hastily. With a termination agreement you lose dismissal protection, and unemployment benefit may be suspended for a period (§ 159 SGB III). Have the agreement checked first.
Who pays the lawyer before the labour court?
At first instance, each party bears its own legal fees, regardless of the outcome (§ 12a ArbGG). Legal expenses insurance often covers these costs.
Does dismissal protection also apply in small businesses?
General protection against dismissal applies if the employment has lasted more than six months and the business regularly employs more than ten employees (§§ 1, 23 KSchG). Special protection, for example during pregnancy, applies regardless.
How much does the initial consultation cost?
It depends on the nature and scope of your matter – from a short free assessment to a full initial consultation. Fees are agreed individually: every case is discussed personally with the lawyer, and we always tell you the cost before the consultation begins. We do not give general legal information without reviewing your specific case. If you then instruct us in the same matter, the fee for the initial consultation is credited against the further fees (§ 34(2) RVG).