The first mistake after a dismissal is treating shock as a decision. Do not sign, resign, agree, or tell yourself there is nothing to check before you know what paper you have and what clock is running.
This FAQ is general information for workers in Germany, including agency, temporary, subcontracted, part-time, mini-job, and precarious workers. It is not legal advice for your individual case. Dismissal law is deadline-heavy. Check, document, do not sign, do not go alone.
What is the difference between dismissal and redundancy?
A dismissal, or Kündigung, is the employer ending the employment relationship. It may be based on conduct, performance, personal reasons, operational reasons, probation, or other grounds. Redundancy is not a separate magic category. In German workplace language, it usually means the employer says the job is ending for operational reasons: restructuring, closure, loss of work, outsourcing, or reduced staffing need.
Do not accept “redundancy” as proof that the decision is valid. You still check whether the role genuinely disappears, whether the employer followed the right process, whether selection was fair, whether notice is correct, and whether special protections apply.
Was kann ich nach einer Kündigung tun?
First, secure the paper. Keep the envelope if it arrived by post. Write down when and how you received it. Photograph or scan the letter. Do not rely on a manager’s verbal summary.
Second, identify the document. Is it a dismissal notice, a warning, a settlement proposal, a termination agreement, a fixed-term contract ending, a notice of non-renewal, or an invitation to discuss leaving? The response differs.
Third, do not sign anything under pressure. A termination agreement, often called an Aufhebungsvertrag, can end rights and create benefit problems. A receipt for a dismissal letter may be less serious, but still read before signing.
Fourth, get advice quickly from a union, Betriebsrat, worker advice service, lawyer, or specialist employment-law route. If you need legal-aid mapping, Justice Access Centre is the sibling handoff. If discrimination is central, Equal Voices Initiative, Women’s Equity Alliance, or Queer Safety & Belonging Network may need to carry that layer.
Which deadlines apply if I want to challenge the decision?
The key German anchor is the Kündigungsschutzklage, a claim at the Arbeitsgericht challenging a dismissal. The general deadline is three weeks from receiving the written dismissal notice. Not three weeks from understanding it. Not three weeks from the last meeting. Not three weeks from your final pay. From receipt.
If the deadline passes, challenging the dismissal can become much harder or impossible in many cases. That is why you do not spend the first two weeks only arguing with HR, waiting for a better explanation, or hoping a manager will change their mind.
Other deadlines may apply to appeals, benefits registration, collective agreements, discrimination claims, or contract clauses. Treat every date as important until someone qualified tells you otherwise.
Does the dismissal have to be in writing?
In Germany, a dismissal of an employment relationship generally needs written form with a handwritten signature. A text message, email, chat message, or verbal statement is not the normal valid form for a Kündigung. But do not ignore informal messages. They may signal what the employer is trying to do, and you need advice on how to respond.
If a supervisor says “you are fired” verbally, write a note of date, time, witness, and exact words. Ask the employer to clarify in writing whether they believe the employment has ended. Continue to protect deadlines if a written notice follows.
Do I have protection if I am in probation or on a fixed-term contract?
Probation can mean shorter notice and fewer practical barriers for the employer, but it does not mean no rights. Pay, written form, discrimination rules, pregnancy or disability protections where relevant, works council involvement where applicable, and basic procedural issues can still matter.
A fixed-term contract may end automatically on the agreed date if the fixed term is valid. But if the employer ends it early, check whether early termination is allowed by the contract or collective agreement. If fixed-term contracts have been repeated or used strangely, get advice. Do not assume “temporary” means the employer can do anything.
What should I check about the reason?
Ask what reason the employer relies on. If the letter does not state a reason, that does not always settle the issue. You still need to know the employer’s explanation.
For conduct: what exactly did they say happened, what evidence exists, were you heard, was there a warning, and is dismissal proportionate?
For performance: were targets clear, realistic, and communicated; did you receive training and warning; were workloads and tools adequate?
For illness or personal reasons: what assessment did the employer make, and were alternatives considered?
For operational redundancy: what work disappeared, why your role, what other roles exist, and whether selection rules were followed?
What should I check about selection in redundancy?
If several comparable workers do similar work, the employer may need to justify why you were selected. In operational dismissals under the Kündigungsschutzgesetz framework, social selection can be relevant in many cases. That can include factors such as length of service, age, maintenance obligations, and severe disability. The details require advice.
As a worker, gather facts: who else does similar work, who remains, whether new people are hired, whether agency workers continue in the same tasks, whether work moved to another department or subcontractor, and whether your tasks still exist under another title.
Do not accuse wildly. Build the comparison.
What should I check about consultation and representation?
If there is a Betriebsrat, ask whether it was consulted before the dismissal. Works council involvement can matter. Contact the Betriebsrat yourself; do not rely on the employer saying everything was handled.
If you are in a union, contact it immediately. Collective agreements may contain notice periods, selection rules, transfer rules, or appeal steps. In larger restructuring, there may be a social plan or reconciliation of interests. Ask whether one exists.
Agency workers should ask both the agency employer and the workplace where they were assigned what is happening. A site saying “we no longer need you” is not always the same as your employer lawfully dismissing you.
What money and documents should I check?
Check final wages, overtime, holiday pay, bonuses, commission, expenses, sick pay where relevant, notice pay, and whether deductions are lawful. Keep payslips, time records, bank statements, rotas, holiday records, and messages about hours.
Ask for the Arbeitsbescheinigung for unemployment benefits, payslips, tax documents, and a work reference, the Arbeitszeugnis. If the employer offers severance, do not look only at the amount. Check whether the agreement ends claims, changes dates, affects benefits, includes confidentiality, or asks you to waive legal action.
For wage arithmetic, the Fair Work & Workers’ Rights Collective wage-record guide is the better sibling handoff. For benefit or legal-aid route mapping, use Justice Access Centre rather than guessing.
Should I accept a settlement or termination agreement?
Not under pressure. A settlement can be useful in some cases, but it can also close the door before you understand the case. Watch for phrases like “sign today,” “this is generous only now,” “court is pointless,” or “everyone signs this.”
Before signing, check: end date, pay, severance, release from work, holiday, overtime, reference wording, return of equipment, confidentiality, non-disparagement, repayment clauses, benefit consequences, and whether you waive claims. Ask for time and advice. A serious employer can tolerate you reading the document.
What if I suspect discrimination, pregnancy-related treatment, disability issues, union activity, or retaliation?
Flag it immediately to your adviser. These issues can change the analysis and evidence plan. Do not bury them under “redundancy” if the timing points elsewhere: after a complaint, after pregnancy disclosure, after a safety concern, after union activity, after medical accommodation requests, or after reporting harassment.
Fair Work stays with the employment decision and workplace power. For AGG discrimination depth, hand off to Equal Voices Initiative, Women’s Equity Alliance, or Queer Safety & Belonging Network as appropriate.
Can I appeal internally?
Maybe. Ask whether there is an internal appeal or review route and what deadline applies. Use it carefully. An internal appeal does not usually stop the three-week court deadline for a Kündigungsschutzklage. Do not let HR’s review process consume the legal clock.
An appeal should be specific: wrong facts, missing evidence, unfair selection, no proper hearing, no works council involvement, wrong notice, disproportionality, or discrimination/retaliation concerns.
What should I do today?
Make a dismissal folder. Put the letter, envelope, contract, payslips, rotas, warnings, emails, chat messages, performance reviews, sickness documents, works council messages, and your own timeline in it. Write the three-week deadline on the front. Contact support now, not after you have recovered emotionally.
The employer has prepared before giving you the decision. You are allowed to prepare before accepting it.