👆 The essentials in brief
The ordinary termination is a unilateral declaration of intent requiring receipt for the termination of an employment relationship, which must be in written form pursuant to Section 623 BGB, but does not generally need to contain a justification in the termination letter in order to be legally valid.
Legal framework and exceptions
| Feature | Regulation |
| General rule | No obligation to provide reasons in the termination letter. |
| Written form | Mandatory pursuant to Section 623 BGB. |
| Protection against dismissal | Applies after 6 months of employment in companies with more than 10 employees. |
| Filing deadline | 3 weeks after receipt of the termination at the labor court. |
Special obligations to provide reasons
In specific cases, legislation deviates from the general freedom from providing reasons:
Trainees: After the probationary period, the termination must be issued stating the reasons (Section 22 BBiG).
Special protection against dismissal: For persons during pregnancy or maternity leave, stating the reason for termination is required.
Extraordinary termination: Upon request by the dismissed employee, the employer must provide the reasons immediately in writing (Section 626 (2) BGB).
Social justification in dismissal protection proceedings
If the Protection Against Dismissal Act (KSchG) applies, the employer must justify the termination in the event of a claim before the labor court. Three categories are distinguished:
Operational reasons (e.g., job cuts).
Conduct-related reasons (e.g., breach of duty).
Personal reasons (e.g., long-term illness).
In our employment law practice, we receive daily inquiries from concerned employees who have received a termination without stating reasons. The question of whether a justification is necessary concerns many affected individuals. In this article, we explain in detail when an employer must state a reason for termination and what rights you have in this situation.
1. Basic requirements for an ordinary termination
The formal requirements for a valid termination are clearly regulated in German labor law. Basically, a termination must be in written form – electronic form or oral termination is not sufficient. The termination must be formulated clearly and comprehensibly so that the recipient can clearly recognize that the employment relationship is to be terminated. The date of termination should also be identifiable.
A common misconception is that many employees assume that every termination must automatically be justified. However, this is not the case. The law does not initially require a justification for an ordinary termination. However, the situation is different if special protective rights apply or special company agreements exist.
Case example: Employee Sarah K. receives a written termination from her employer, a small retail store, effective at the end of the month. The termination letter contains only the termination date but no justification. Sarah has been with the company for three months. In this case, the termination is formally valid even without stating reasons.
2. When must the employer state a reason for termination?
There are various situations in which the employer is obliged to state the reasons for termination. This is particularly the case when the employee is under special protection. An obligation to provide reasons exists, for example, for:
Pregnant women and mothers during the protection period: Here, the employer must not only state a reason but also prove that it has been approved by the competent authority. Protection against dismissal applies until four months after delivery, and eight weeks after miscarriages.
Persons with severe disabilities: For severely disabled employees, the consent of the integration office must be obtained before termination. The reasons must be presented in detail and the special situation of the severely disabled person must be taken into account.
Trainees: After the probationary period, a training relationship can only be terminated for good cause. These reasons must be specifically stated in the termination letter so that the trainee has the opportunity to defend against it.
Furthermore, collective agreements or works agreements may provide for an obligation to provide reasons. It is therefore always worthwhile to review these documents.
3. What special provisions apply to protection against dismissal?
If you are covered by protection against dismissal – meaning you have been employed for more than six months in a company with more than ten employees – the employer does not have to state the reasons directly in the termination letter. However, in the event of a dismissal protection claim, the employer must present and prove the social justification grounds for the termination.
The reasons must correspond to one of three categories:
In the case of a personal termination, the employer must prove that you are no longer able to perform the required work due to personal characteristics or abilities. A classic example is long-term illness without a positive health prognosis.
In the case of a conduct-related termination, the employer must specifically identify and prove your misconduct. Usually, a prior warning must also have been issued. For example, repeated unexcused absence or refusal to work.
In the case of an operational termination, the employer must explain why your position is being eliminated and why continued employment in another position is not possible. The employer must also be able to prove that the social selection was carried out correctly.
4. How can you request the reasons for termination?
Even if there is no obligation to provide reasons, you have the right to request the reasons for your termination. We recommend the following approach:
First, submit a polite written request for information to your employer. Request disclosure of the reasons for termination. Many employers will respond, if only to show that the termination was not arbitrary.
If you are covered by protection against dismissal, you can also file a dismissal protection claim. During the court proceedings, the employer must then disclose and prove the reasons. We support you with your dismissal protection claim. Feel free to book an appointment for a free initial consultation.
Case example: Project manager Thomas M. receives an ordinary termination without justification after 2 years of employment. He writes to his employer and requests the reasons. In the response letter, he learns of a restructuring of the project department. This information helps him decide whether to take legal action.
5. What to do in case of termination without justification?
If you receive a termination without justification, you should not panic but proceed systematically. We recommend the following steps:
First, check your status: How long have you been with the company? Does protection against dismissal apply? Are there special protective rights? The answers to these questions determine your further options for action.
Document all circumstances of the termination: When and how was it delivered? Were there prior conversations or conflicts? Were warnings issued? This information may become important later.
Seek legal assistance: A specialist lawyer for labor law can assess your individual situation and identify the best courses of action. Note the three-week filing deadline, which begins upon receipt of the termination.
6. Conclusion
The question of whether an employer must provide a reason for an ordinary termination cannot be answered categorically. While there is generally no legal obligation to provide reasons, important exceptions exist for particularly protected employee groups. We at Allenstein Legal in Berlin advise you not to act hastily in case of termination without justification, but to have the situation legally reviewed. Often, there are grounds for successful defense or at least for negotiations regarding severance pay.
Frequently asked questions (FAQs)
No, for an ordinary termination there is generally no obligation to provide reasons. Exceptions apply only to special groups of persons or when the Protection Against Dismissal Act is applicable.
An obligation to provide reasons exists for terminations of pregnant women, severely disabled persons, trainees during training, and in dismissal protection claims in companies with more than ten employees.
No, the Protection Against Dismissal Act only applies in companies with more than ten employees and to employees who have been employed for more than six months.
In a dismissal protection claim, the employer must demonstrate in court that the termination was socially justified (conduct-related, personal, or operational).
You can request a justification, but the employer is not obliged to provide it if there is no legal obligation to provide reasons.
For extraordinary (summary) terminations, there must always be good cause and it must be communicated upon request; for ordinary terminations, this is generally not required.