Employment protection against dismissal: the basics

In short: Dismissal protection governs under what conditions an employer may terminate an employee. It generally applies only after a certain length of employment and above a minimum number of staff at the company.

In more detail: In Germany, the Dismissal Protection Act applies to companies with more than ten employees once the employment relationship has lasted longer than six months.

In detail

Not legal advice.

• Waiting period: During the first six months (probationary period), general dismissal protection does not yet apply.
• Grounds for dismissal: A dismissal must be based on operational, personal, or conduct-related reasons, otherwise it is invalid.
• Social selection criteria: For operational dismissals, the employer must consider social criteria such as age and length of service.
• Special protection: Pregnant employees, people with severe disabilities, and works council members have particularly strong protection.
• Unfair dismissal claim: Anyone who considers a dismissal invalid must file a claim with the labor court within three weeks.
• Warning before conduct-related dismissal: For misconduct, a formal warning is usually required before dismissal is allowed.
• Small businesses: Companies with ten or fewer employees are not covered by the Dismissal Protection Act, though minimum notice periods still apply (aufhebungsvertrag-grundlagen).