Protection Against Dismissal in Berlin
Your rights after a dismissal, and the deadline that decides everything
When the Dismissal Protection Act applies, which grounds for dismissal are permitted and why three weeks decide whether you keep your job.
Contents of this page
The key points
- General protection against dismissal applies after more than six months of employment and in businesses that normally employ more than ten people.
- Where the Act applies, an ordinary dismissal is only valid if it is justified on personal, conduct-related or operational grounds, section 1(2) KSchG.
- In an operational dismissal the employer must carry out a proper social selection.
- Special protection applies during pregnancy and parental leave and to employees with a severe disability, among others.
- A dismissal protection claim must reach the labour court within three weeks of receipt, section 4 KSchG.
- Around 83 percent of all dismissal proceedings ended in a settlement in 2025, often with severance pay.
DEADLINE
Three weeks from receipt of the dismissal, with no exception for holiday or illness. Miss the deadline and the dismissal counts as valid under section 7 KSchG, however flawed it was.
SCOPE
General protection against dismissal only applies after more than six months and in businesses that normally employ more than ten people. In a small business other lines of attack remain.
SEVERANCE
A statutory entitlement only arises under section 1a KSchG or through a court dissolving the employment relationship under sections 9 and 10 KSchG. In practice severance is the price an employer pays for legal certainty in a settlement.
Protection against dismissal decides whether you keep your job, whether you can negotiate severance, or whether you walk away with nothing. Anyone in Berlin holding a letter of dismissal usually has two questions: is my employer allowed to do this, and what do I have to do right now? This page shows when the Dismissal Protection Act applies, which grounds can carry a dismissal, who enjoys special protection and how proceedings at the Berlin labour court work.
When does general protection against dismissal apply?
General protection against dismissal depends on two conditions that must both be met. Only then does your employer have to justify a dismissal at all.
Qualifying period: under section 1(1) KSchG the employment relationship must have existed without interruption for more than six months. What counts is the date the dismissal reaches you. Earlier periods with the same employer can be counted if they are closely connected in time.
Size of the business: under section 23(1) KSchG general protection does not apply in businesses that normally employ ten people or fewer. What matters is the usual headcount, not the number on the day of the dismissal. Apprentices are not counted, part-time staff count in part: up to 20 hours a week with 0.5, up to 30 hours with 0.75, above that in full.
For employees whose contract began before 1 January 2004 the lower threshold of more than five employees applies. Only colleagues who were also with the business before 1 January 2004 are counted. The counting is often applied incorrectly, for example with agency workers, temporary staff or several branches. Your entire protection hangs on that number.
If the Act does not apply you are still not without rights. A dismissal can be invalid for other reasons: a breach of the written form required by section 623 BGB, which makes a dismissal by email, PDF, fax or messenger void; a missing works council hearing under section 102 BetrVG; discrimination; or immorality. The notice periods under section 622 BGB also apply regardless of the size of the business. And one point that is often overlooked: the three-week deadline in sections 4 to 7 KSchG applies in small businesses too. Anyone challenging a dismissal on grounds of form, discrimination or immorality must also file within three weeks.
Which grounds for dismissal does the law allow?
Where the Dismissal Protection Act applies, an ordinary dismissal is only valid if it is socially justified. Summary dismissal is governed instead by section 626 BGB: there the employer needs serious cause and must give notice within two weeks of learning the relevant facts. Section 1(2) KSchG allows three grounds:
Personal grounds: you can no longer perform the work owed, without being at fault. The most important case is dismissal for illness, examined in three stages: a negative health prognosis, a substantial impairment of business interests, and a balancing of interests. This covers both long-term illness and frequent short absences.
Conduct-related grounds: a culpable breach of duty, for example unexcused absence or refusal to work. As a rule a relevant prior warning is required.
Operational grounds: urgent operational requirements mean the job no longer exists. The employer has to show that continued employment on a vacant position is not possible.
Many clients are surprised that the letter of dismissal gives no reason. For an ordinary dismissal that is permitted and says nothing about validity. What matters is this: the employer bears the burden of presentation and proof for the grounds of dismissal, section 1(2) sentence 4 KSchG. For the social selection it is the other way round, more on that below. One more thing is worth a look: if the dismissal is not accompanied by an original power of attorney, you can reject it without delay under section 174 BGB.
Social selection: why a dismissal does not hit everyone equally
In an operational dismissal the employer cannot simply pick whoever it likes. Under section 1(3) KSchG it must carry out a social selection among comparable employees and take four criteria into account: length of service, age, maintenance obligations and severe disability. Unlike the grounds for dismissal, the burden of presentation and proof lies with you here, section 1(3) sentence 3 KSchG. You can however require your employer to state the reasons for the selection first.
Mistakes in the social selection are among the most common points of attack. Typical examples are a comparison group drawn too narrowly, maintenance obligations that were overlooked, or key staff being taken out of the pool without a solid justification. On request the employer must tell you the reasons for the selection.
Special protection against dismissal: who is protected on top?
Special protection applies regardless of the size of the business and of the qualifying period, and often makes a dismissal invalid on formal grounds alone:
Pregnant employees and mothers: under section 17 MuSchG a dismissal during pregnancy and until the end of the protection period is not permitted, at least until four months after the birth. The employer must know about the pregnancy, or you must tell them within two weeks of receiving the dismissal. Since June 2025 the protection also runs until four months after a miscarriage from the twelfth week of pregnancy.
Parents on parental leave: section 18 BEEG prohibits dismissal from the moment parental leave has been requested and for the whole of the leave. The request takes effect at the earliest eight weeks before leave that starts up to the child third birthday, and at the earliest 14 weeks before leave taken between the third and the eighth birthday. Request it too early and you lose protected time, request it too late and you stand unprotected.
Employees with a severe disability: under section 168 SGB IX the employer needs prior approval from the integration office. The six-month exception is in section 173(1) no. 1 SGB IX. On top of that, a dismissal without involving the representative body for severely disabled employees is void under section 178(2) sentence 3 SGB IX.
Works council members: section 15 KSchG rules out ordinary dismissal in principle. Only summary dismissal with the consent of the works council under section 103 BetrVG is possible. Exceptions apply where the business or a department is closed down. Protection also covers the electoral board, candidates and the youth and trainee representation, and continues for one year for former members.
Data protection officers: where the appointment is mandatory under section 38 BDSG, section 6(4) BDSG gives protection that continues for one year.
Employees caring for relatives: section 5 PflegeZG and section 2 FPfZG protect from the announcement onwards, at most twelve weeks before the announced start.
Transfer of business: a dismissal because of the transfer of a business is void under section 613a(4) BGB.
Important for the deadline: if the dismissal requires official approval, for example from the integration office or the competent state authority, the three-week period only starts when the authority decision is announced, section 4 sentence 4 KSchG.
A case from our practice
Situation: Ms K. from Berlin had worked for eight years in a business with 24 employees and received an operational dismissal. Two colleagues with shorter service and without maintenance obligations stayed on.
What we did: we checked the size of the business, the qualifying period and the comparison group, and the claim was filed eleven days after receipt. At the conciliation hearing the employer could not explain the selection of the two colleagues.
Outcome: the parties agreed to end the employment at the regular date, combined with severance pay and a qualified reference.
(Fictitious example based on typical cases from our practice. Every case is assessed individually and no particular outcome can be promised.)
The three-week deadline for a dismissal protection claim
There is one rule in dismissal protection that overrides everything else. Under section 4 sentence 1 KSchG the claim must reach the labour court within three weeks of receipt of the written dismissal. The period starts on the day the letter enters your sphere of control, typically when it lands in your letterbox. Whether you read it that day is irrelevant.
Missing it has a hard consequence: section 7 KSchG provides that the dismissal is then deemed valid from the outset. That covers almost every ground of invalidity, including formal errors or a missing works council hearing. A clearly unlawful dismissal becomes valid through the passage of time alone.
- The period also runs during illness, holiday or a stay abroad.
- Negotiations about a termination agreement or severance do not suspend it.
- Only in exceptional cases does section 5 KSchG allow a late claim, and the application must be made within two weeks of the obstacle falling away, together with the claim and no later than six months after the end of the missed period.
- If the dismissal requires official approval, for example in cases of pregnancy, parental leave or severe disability, the period only starts when the authority decision is announced, section 4 sentence 4 KSchG.
Our advice: plan with two weeks, not three.
How proceedings at the Berlin labour court work
For most employees whose place of work is in Berlin, the Berlin labour court at Magdeburger Platz 1 has jurisdiction:
- Claim filed: the court serves the claim and sets an early conciliation hearing.
- Conciliation hearing: it takes place before the presiding judge alone and serves to reach an amicable settlement. A large share of all proceedings ends here.
- Chamber hearing: without agreement the chamber hearing follows, with two lay judges.
- Judgment or settlement: an appeal against a judgment lies to the Berlin-Brandenburg regional labour court.
How realistic an agreement is can be seen in the official statistics. According to the labour court report 2025 of the Federal Statistical Office, published on 7 August 2026, 202,933 cases about the continuation of employment were concluded nationwide in 2025. Of those, 168,791 ended in a court settlement, around 83 percent, and only 7,320 in a contested judgment. In Berlin there were 10,503 cases, 8,377 of them settlements, around 80 percent. What was agreed in those settlements is not recorded in the statistics.
Severance: a typical outcome, not the statutory rule
A widespread misunderstanding is that every dismissal brings an entitlement to severance. The only statutory entitlement is in section 1a KSchG: where the employer dismisses on operational grounds, points to the severance in the letter, and you let the deadline pass. The amount is then 0.5 monthly salaries per year of service and the entitlement arises when the notice period ends. There is a second statutory route: if the dismissal is socially unjustified but continuing the relationship is unreasonable, the court can dissolve it under sections 9 and 10 KSchG and set severance, up to twelve monthly salaries, up to 15 for employees aged 50 with 15 years of service, and up to 18 from age 55 with 20 years. That application can also be made by the employer.
In practice severance arises differently: as the price of legal certainty in a settlement. The more uncertain the dismissal is for the employer, the greater its interest in a quick agreement. Which factors drive the negotiation is set out on our severance pay page and in the article on the Dismissal Protection Act and severance pay. Our case study on a high severance payment shows what an invalid dismissal can be worth.
What does a dismissal protection claim cost?
- Your own legal fees: under section 12a(1) ArbGG each side bears its own legal fees at first instance, including the winning side. The advantage: if you lose you do not pay the other side lawyer. Legal expenses insurance usually covers employment law but normally provides for a waiting period of three months. Anyone taking out a policy after receiving the dismissal is not covered.
- Court fees: the value in dispute is capped at a quarter of the annual salary under section 42(2) GKG. Where the case ends in a settlement or the claim is withdrawn, no court fees arise.
- Legal expenses insurance: it regularly covers the legal fees in full. We obtain the confirmation of cover for you.
- Legal aid: on a low income, legal aid may be available.
Protection against dismissal in five steps
- Step 1: record the date of receipt. Note the exact day the letter arrived, because that day starts the clock. Keep the envelope or a receipt and check whether it was signed by hand. A dismissal by email does not meet the written form requirement.
- Step 2: mark the three-week deadline in your calendar. Enter the last day of the period straight away and plan five days of buffer. The period keeps running during illness or holiday. Talks about a termination agreement or severance do not suspend it.
- Step 3: gather your documents. Collect your employment contract, payslips, any warnings and any statement by the works council. Record how many people work in the business and how long you have been employed. Those figures decide whether the Dismissal Protection Act applies.
- Step 4: get an initial legal assessment. Have the dismissal checked before you sign anything. On the phone we clarify whether general or special protection applies, where the dismissal is open to attack and what a realistic goal looks like. Do not sign a termination agreement without having it reviewed.
- Step 5: file the claim and prepare for the conciliation hearing. The claim is filed with the labour court that has local jurisdiction, for most Berlin employees at Magdeburger Platz 1. The conciliation hearing follows a few weeks later. Beforehand we work out what is negotiable and where your limit lies.
Further reading on this topic
- Special protection against dismissal: every group protected regardless of the size of the business and the qualifying period.
- Dismissal during parental leave: from when section 18 BEEG applies.
- Dismissal during pregnancy: the prohibition in section 17 MuSchG.
- Dismissal in part-time employment: the same protection as in full-time work.
- Social selection in a dismissal: criteria, comparison group, typical mistakes.
- Grounds for dismissal in employment law: when a reason has to be given.
- Reasons for an ordinary dismissal: dismissal without a stated reason.
- The Dismissal Protection Act and severance pay: prospects of success and the size of a settlement.
- Case study: high severance after an invalid dismissal: one case from our practice.
Frequently asked questions about protection against dismissal
When does protection under the Dismissal Protection Act begin?
General protection applies once two conditions come together: your employment has lasted more than six months in the same business, and that business normally employs more than ten people. If one of them is missing, the Dismissal Protection Act does not apply. Other grounds of invalidity can still be examined.
What happens if I miss the three-week deadline?
The dismissal is then deemed valid from the outset under section 7 KSchG, however flawed it was. A late claim under section 5 KSchG is only admitted if you were prevented from filing despite taking reasonable care. That exception rarely applies.
Does the dismissal have to state a reason?
No. An ordinary dismissal is formally valid without a stated reason. The employer does have to set out and prove the reason in proceedings once the Dismissal Protection Act applies. A missing reason therefore says nothing about your prospects.
Am I entitled to severance pay?
A statutory entitlement exists only in special cases, for example under section 1a KSchG after an operational dismissal with an express reference in the letter. In practice severance almost always arises in a court settlement. The amount depends on the prospects of success and your negotiating position.
What does a dismissal protection claim cost at first instance?
Under section 12a ArbGG each side bears its own legal fees at first instance, whatever the outcome. Court fees are added, with the value in dispute capped at a quarter of the annual salary under section 42(2) GKG. In a settlement the court fees fall away.
Does protection against dismissal apply during the probationary period?
In the first six months general protection does not apply. The dismissal can still be invalid, for example in cases of pregnancy, parental leave, severe disability or a missing works council hearing. The three-week deadline runs here too, so have the dismissal checked.
How long does a dismissal case in Berlin take?
Dismissal proceedings took 2.7 months on average nationwide in 2025 and 3.4 months in Berlin. The conciliation hearing usually takes place a few weeks after the claim is filed. Only cases that end in a contested judgment drag on, on average ten months in Berlin. Source: Federal Statistical Office.
How do I find a lawyer for dismissal protection in Berlin?
Look for a clear focus on employment law, availability at short notice and transparent statements about costs. Allenstein Legal advises employees from Bergmannstrasse 108 in Berlin-Kreuzberg. Call +49 30 91432015 and we will assess your case.
Conclusion
Protection against dismissal is stronger than many people assume. Whether the Dismissal Protection Act applies is decided by the qualifying period and the size of the business. Whether the dismissal holds is decided by the grounds and the social selection. Whether you can assert your rights at all is decided by a single number: three weeks from receipt.
Free initial assessment by phone
Free initial assessment by phone: 030 91432015
Directly with Anne Lachmund, LL.M., lawyer for employment law in Berlin.
About the author
Anne Lachmund
LL.M., lawyer for employment law
Allenstein Legal, Berlin
Anne Lachmund advises employees in employment law, with a focus on severance negotiations, protection against dismissal and termination agreements. She is a member of the Berlin Bar Association.
Legal notice
Legal notice: this page is for general information only and does not replace individual legal advice. For a binding assessment of your particular case please contact Allenstein Legal directly.