Compliance with the deadline for filing a claim is a basic requirement for a successful dismissal protection process. It is three weeks from receipt of the notice of termination. If it is not filed on time, the termination is generally considered effective and you can no longer take action against the termination. Although it is possible to have a late dismissal protection claim admitted, this…

In direct temporal and factual connection with the termination, you can also enter into a waiver of legal action agreement with your employer. However, this must be in writing and also contain financial compensation for you as an employee. If it does not, the agreement is invalid...

In small companies with fewer than 5 or 10 employees, the strong protection against dismissal provided by the Dismissal Protection Act does not apply. Nevertheless, your employer may not dismiss you arbitrarily or for irrelevant reasons. He must therefore maintain a minimum level of social consideration and may not kick you out because he "doesn't like your nose"...

In a dismissal protection procedure in the first instance before the labor court, each party bears its own legal costs. This means that regardless of whether you lose or win, you have to pay your own lawyer. The amount of the fee is determined either by a fee agreement or by the Lawyers' Remuneration Act (RVG). In court proceedings, the...

A termination is a unilateral declaration of intent that requires receipt. This means that the person giving notice must clearly express their intention to end the contractual relationship and that the declaration must be sent to you. It can be made by your employer or by you yourself...

In the case of ordinary termination, there is no deadline within which you or your employer must give notice. However, in the case of extraordinary termination, a deadline of two weeks applies. If the termination is given after this time, it is ineffective. The deadline begins at the time at which the person entitled to terminate the contract becomes aware of the facts that are decisive for the termination...

The notice period is the time frame between receipt of the notice of termination and the termination date of the contractual relationship. As an employee, you can generally terminate your employment with a notice period of four weeks on the 15th of a month or at the end of the month. For an employer, the statutory notice periods depend on the length of employment. For example, he can...

In principle, in the case of an extraordinary termination, the reasons for termination do not have to be stated. However, you are entitled to have your employer inform you of the reasons for termination immediately if you request this. This of course also applies to you if you terminate your employment as an employee and your employer refuses to disclose the reasons for termination.

If the Dismissal Protection Act (KSchG) is applicable, even a regular dismissal, which can normally be issued largely without reason, is only effective if it is not socially unjustified...

A claim for protection against dismissal must be filed with the labor court within three weeks of receiving the written notice of termination if the claim is to be made that the termination is socially unjustified or invalid for other reasons. If the deadline is missed, the termination is deemed to be valid. In principle, the only claim that can be made after this is...