Before arguing about whether the dismissal was fair, establish whether the general protection act applies at all. It has two conditions: six months of service and more than ten employees. The list of special cases where protection is stronger and immediate, however, is long.
Does dismissal protection apply to you?
General protection does not apply everywhere: it needs more than six months’ service and a business regularly employing more than ten people. Special protection, by contrast, applies from day one.
✓ Verified: 15/08/2026
WHAT TO DO
› Details and tips
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Max recommends:
At interview they said there were nine of us. There were fourteen counting part-timers — and protection applied. Counting yourself beats taking their word.
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Lea recommends:
The qualifying period counts the employment relationship, not the job title. Moving roles inside the same company does not reset it, which people often miss.
Useful Tools
- BMAS — Bundesministerium für Arbeit und Soziales legal-info
Federal Ministry of Labour: official guidance on employment law, leave and working time.
FREQUENTLY ASKED QUESTIONS
When does dismissal protection start? ▾
General protection applies once the employment has lasted more than six months without interruption in the same business. Before that, dismissal without social justification is possible, though form and notice period must still be correct.
What counts as a small business? ▾
One regularly employing no more than ten people, with part-timers counted pro rata by hours. There the general protection does not apply at all, which changes the entire strategy.
What does special protection give me? ▾
For certain groups dismissal is either prohibited or requires an authority’s consent: during pregnancy and after childbirth, during parental leave, with severe disability, for works council members. This protection applies regardless of length of service or size of business.
Is a claim worth it in a small business? ▾
Sometimes. Even without general protection a dismissal can be void — because of its form, a wrong notice period, a breach of anti-discrimination rules or plain arbitrariness. Worth checking, but keep expectations realistic.