Requirements for a dismissal. A dismissal is a unilateral declaration of intent regarding the termination of the employment contract. Particular form and time-limit requirements must therefore be observed: a dismissal must always be made in writing — not by SMS, not by WhatsApp, not by email and certainly not orally. It must be written black on white on paper, because the declaring party (employee or employer) should be aware of the scope of their declaration and not, in anger or in the heat of the moment, dismiss orally.
The dismissal protection action — three-week deadline
If you have received a dismissal and wish to defend yourself against it, you must file a dismissal protection action (Kündigungsschutzklage) with the competent labour court within three weeks of receipt. If you miss this period, the dismissal is generally considered effective and final.
What we examine
We check the formal requirements (written form, signature, authority to represent), the notice periods, the social selection in operational dismissals, the existence of a warning (Abmahnung) before behavioural dismissals, the hearing of the works council, and the proportionality of the dismissal — and we negotiate, if appropriate, a fair severance.