German labor law provides employees with strong protection against dismissal (Kündigungsschutz). The German Protection Against Dismissal Act (Kündigungsschutzgesetz, KSchG) applies to employees who have been employed for more than 6 months in companies with more than 10 employees.
Key principles of German dismissal protection:
- Social justification requirement – a dismissal must be socially justified. There are three recognized grounds: person-related reasons (e.g., long-term illness), conduct-related reasons (e.g., breach of duty), and operational reasons (e.g., restructuring).
- Prior warning requirement – for conduct-related dismissals, the employer must generally issue a prior warning (Abmahnung) before termination.
- Works council consultation – if a works council exists, it must be consulted before any dismissal.
- 3-week deadline – employees must file a dismissal protection claim (Kündigungsschutzklage) with the labor court within 3 weeks of receiving the termination notice. Missing this deadline generally means accepting the dismissal.
Practical advice for Polish employees in Germany:
- Always seek legal advice immediately upon receiving a termination notice – the 3-week deadline is strict and non-extendable.
- Do not sign any settlement agreements without legal advice.
- Keep all documentation related to your employment and the circumstances of the dismissal.
- Many dismissal cases are settled with a severance payment (Abfindung), typically ranging from 0.5 to 1.0 monthly salary per year of employment.
Paweł Osiński
Attorney specializing in German labor law and cross-border employment matters