What is an unfair dismissal complaint?
The only way to defend yourself against a dismissal is to file a so-called unfair dismissal complaint with the competent labour court.
Attention: Maybe you are covered by the Dismissal Protection Act (Kündigungsschutzgesetz)! If you have been working in the same company for at least six months and the company has more than ten full-time employees (or an equivalent number of part-time employees) , the employer must have a specific reason for the dismissal. This reason may be either for operational reasons, or dismissal on grounds of personal capability or on grounds of conduct. You can have the court review the reason with an unfair dismissal complaint.
Even if the Dismissal Protection Act does not apply to you, you can still take legal action against the dismissal in certain cases. For example, if the employer does not comply with the time limit.
An unfair dismissal complaint must be filed within three weeks of receipt of the notice of termination. You can go on your own to the legal application office of the responsible labour court and lodge an unfair dismissal complaint. Or you could contact a lawyer.
Important: If more than three weeks elapse, there is nothing more you can do against a termination. If you have doubts as to whether you want or should defend yourself against a termination, it is best to get advice from an advice centre or a lawyer as soon as possible.