Definition
An action for unfair dismissal is a claim brought by an employee before the employment tribunal to establish that the dismissal has not terminated the employment relationship. It must be filed within three weeks of receiving notice of dismissal – this time limit applies without exception to all grounds for invalidity. Anyone who misses this deadline loses their right to bring a claim, and the dismissal is deemed valid. If the employee wins the case, the court will rule that the employment relationship continues – or, upon application, terminate it in return for payment of a severance payment.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
Anyone wishing to contest a dismissal must bring an action before the employment tribunal within three weeks of receiving notice of dismissal (Section 4 of the German Employment Protection Act (KSchG)). This time limit is absolute – once it has expired, the dismissal is deemed to be valid, even if it was unlawful.
Distinction from related terms
Time limit for bringing an action (3 weeks): The action for protection against dismissal must be brought within three weeks of receiving the notice of dismissal. If this deadline is missed, the dismissal is generally deemed valid.
Severance pay: The action primarily serves to review the validity of the dismissal. Severance pay is often the result of a settlement, but is not an automatic entitlement.
Practical tip
The three-week time limit is one of the strictest time limits in German law. Do not wait to see if your employer gets in touch or if a ‘solution’ is found. Seek advice from a solicitor specialising in unfair dismissal claims immediately upon receiving your notice of dismissal – ideally on the very same day.
