ROUTE
Dismissal by your employer
Three weeks to file, checking the form of notice, whether protection applies, the termination-agreement trap and the conciliation hearing.
β Checked: 15/08/2026
A dismissal looks like a letter and behaves like a timer. From the moment written notice reaches your hand or your letterbox, three weeks run for filing at the labour court. Let the deadline pass and the dismissal counts as valid β however unlawful it was, nobody will examine it again.
COSTS AND DEADLINES
What you pay for on this route
- Advance court feethe advance-payment rules do not apply before labour courts β Β§ 11 GKGnone
- Court fee, first instanceKV no. 8210 GKG; reduced if the case ends early2.0 fee by amount in dispute
- Your own lawyerΒ§ 12a (1) ArbGG excludes reimbursement in the first instanceyou pay β even if you win
Deadlines you cannot miss
- Three weeks from receipt β file at the labour courtThree weeks: the deadline that never comes backhard deadline
- Three days from learning the end date β register as a jobseeker if under three months remainThree weeks: the deadline that never comes backhard deadline
- Twelve-week benefit block when you end the employment yourselfTermination agreement: the twelve-week traphard deadline
Amounts follow official fees as of each stepβs verification date. Your city may charge a different rate β check the step itself.
βΊ More about this route
This five-step route covers everything that fits inside that window: the deadline itself, checking the form of the notice, whether the general protection act applies to you at all, the trap of the termination agreement, and finally the claim and its conciliation hearing. The order follows urgency rather than textbook logic.
A particularly expensive trap sits alongside: the employer offers a termination agreement instead of dismissal. It sounds gentler but means twelve weeks of blocked unemployment benefit, because you then ended the employment yourself. Before signing, those weeks need converting into euros.
REQUIRED DOCUMENTS
All possible documents for this route
- The original notice of termination together with the envelope
- Employment contract and any amendments
- The last three payslips (for the amount in dispute)
- A note of the date and manner of delivery
WHERE PEOPLE MOST OFTEN LOSE MONEY AND TIME
- Spending the first days negotiating with HR. The three weeks do not pause for correspondence, and half the window disappears unnoticed.
- Deciding a defective dismissal need not be challenged. Even notice sent by email, and therefore void, becomes effective if no claim is filed in time.
- Signing the termination agreement on the day it is offered. There is no right of withdrawal, and the price of that signature is twelve weeks without benefit.
- Forgetting to register as a jobseeker. That carries its own, far shorter deadline, and missing it costs money independently of the dispute itself.
FREQUENTLY ASKED QUESTIONS ABOUT THIS ROUTE
When exactly do the three weeks start?βΎ
On receipt of the written notice β the moment the document enters your sphere of control: letterbox, hand, desk. The date printed on the letter and the posting date are irrelevant. Holiday and illness do not suspend the clock.
Is a claim worth it against a small company?βΎ
Sometimes. In businesses of up to ten employees the general protection act does not apply, yet the dismissal can still be void β because of its form, a wrong notice period or a breach of anti-discrimination rules. Worth checking, with realistic expectations.
What does the procedure cost?βΎ
At first instance each side pays its own legal fees regardless of outcome β even winning does not get them reimbursed. Court fees follow the value in dispute, and legal aid is available on low income.
Am I entitled to severance when dismissed?βΎ
There is no general statutory entitlement β a widespread misconception. Payment usually arises from a settlement at the conciliation hearing. Practice has settled on roughly half a monthβs gross pay per year of service as a benchmark, but it stays negotiable.
Can I claim unemployment benefit while litigating?βΎ
Yes, and that is the right approach. Registering and drawing benefit run in parallel with the case. If the dispute ends with pay for the contested period, the agency simply offsets what it already paid.