Protection against dismissal

Protection against dismissal (Kündigungsschutz) protects employees in Germany against arbitrary or unjustified dismissal (Protection Against Dismissal Act, KSchG).

When does protection against dismissal apply?

• Company size: more than 10 full-time employees
• Length of service: at least 6 months
• Approx. 40% of employees are NOT covered (small businesses, probationary period)

Permissible grounds for dismissal:

1. Operational reasons:

• Collapse in orders, site closure, restructuring
• Social selection: age, length of service, maintenance obligations, disability

2. Personal reasons:

• Long-term illness, lack of qualifications, loss of work permit

3. Conduct-related reasons:

• Refusal to work, theft, repeated lateness
• Beforehand: a formal warning is required (except for serious misconduct)

Special protection against dismissal:

• Pregnant women: cannot be dismissed during pregnancy + 4 months after the birth
• Parental leave: protection from the time it's registered
• Severely disabled people: consent of the Integration Office required
• Works council members: practically impossible to dismiss

Unfair dismissal claim: file it with the labour court within 3 weeks! After that, the dismissal automatically becomes effective. Approx. 80% of claims end in a settlement (severance pay).