Filing a claim does not mean years of litigation. The labour court lists a conciliation hearing first, and lists it promptly. That is where most cases are decided — so go in with a clear answer to what you actually want.
Claim filed: conciliation hearing and severance
After filing, the court almost always calls a conciliation hearing first. Most cases end there with a settlement and a payment rather than a return to the job.
✓ Verified: 15/08/2026
WHAT TO DO
DOCUMENTS 4
COSTS
- €Advance court fee none
the advance-payment rules do not apply before labour courts — § 11 GKG
- €Court fee, first instance 2.0 fee by amount in dispute
KV no. 8210 GKG; reduced if the case ends early
- €Your own lawyer you pay — even if you win
§ 12a (1) ArbGG excludes reimbursement in the first instance
› Details and tips
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Max recommends:
The conciliation hearing came three weeks after filing. It lasted twenty minutes and ended in a settlement — the full hearing never happened.
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Lea recommends:
Decide beforehand what you want: reinstatement or money. There is no thinking time at the hearing, and your whole tactic hangs on that fork.
FREQUENTLY ASKED QUESTIONS
Will I get my job back? ▾
Legally, a successful claim means the employment is treated as having continued unbroken. In practice most cases end in a settlement terminating the relationship with a payment, because neither side usually wants to work together after litigation.
Am I entitled to severance? ▾
There is no general statutory right to severance on dismissal. It arises from a settlement or from specific provisions. As a rough benchmark, practice has settled around half a month’s gross pay per year of service — a negotiating figure, not a tariff.
Who pays the costs? ▾
At first instance before the labour court each side bears its own legal fees regardless of the outcome. That is a peculiarity of employment law: even winning does not get your fees reimbursed by the employer.
Does the claim affect my unemployment benefit? ▾
No — registering and drawing benefit run in parallel with the proceedings. If the case later produces pay for the disputed period, the agency offsets the benefit already paid.
What will the claim cost me if I have no money? ▾
Nothing to file: before labour courts the advance-payment rules do not apply (§ 11 GKG), so the claim is not made conditional on a payment. You can dictate the claim itself free of charge at the court’s Rechtsantragstelle. For a lawyer there is legal advice aid and legal aid.
If I win, does the employer pay my lawyer? ▾
No — and this is the single most important costs rule in German employment law. § 12a (1) ArbGG excludes, in the first instance, the winning party’s claim to reimbursement of lawyer’s fees. So you pay your own lawyer even when you win. The flip side protects you: if you lose, you likewise do not pay the other side’s lawyer.