What is a Kündigungsschutzklage (action for unfair dismissal)?

If you want to defend yourself against a dismissal, you can only do so by filing an action for unfair dismissal with the responsible labour court. An action for unfair dismissal must be filed within three weeks of receiving the dismissal (receipt of the dismissal). You can go to the legal application centre for the responsible labour court and file an action for unfair dismissal. Or you contact a lawyer.

Important: if more than three weeks pass, you can no longer do anything about the dismissal.

If you have any doubts about whether you can defend yourself against a dismissal, it is best to seek advice from your advice centre or a lawyer as soon as possible.

Please note: the German Dismissal Protection Act might apply to you!

• If you have been working in the same company for at least six months
• and the company has more than 10 full-time employees subject to social insurance contributions (or has enough part-time employees),

then your employer must have a specific reason for the dismissal. This reason can be either company-related, personal or behavioural. You can have the reason reviewed by the court with an action for unfair dismissal. Even if the Dismissal Protection Act does not apply to you, there are certain cases in which you can take legal action against the dismissal. For example, if your employer does not observe the deadlines or notice periods.