Dismissed — how long do I have to act?

You can only challenge a dismissal in court within 3 weeks (Sec. 4 KSchG). After that, the dismissal is deemed valid — check your deadline now.

What counts is receipt of the letter (handover or delivery to your mailbox), not the date printed on it.

Your deadline is still running

Last day to file the claim:

Time is running out!

Last day to file the claim: — Contact a lawyer now — the claim must reach the labour court within the deadline.

The 3-week deadline has expired

After the deadline, the dismissal is deemed valid from the start (Sec. 7 KSchG). In narrow exceptions a late claim can be admitted (Sec. 5 KSchG, e.g. non-culpable inability) — have this checked by a lawyer immediately.

If the deadline ends on a Saturday, Sunday or public holiday, it shifts to the next working day (Sec. 193 BGB). This checker cannot account for public holidays — if your deadline falls near one, have it verified by a lawyer.

Severance: the rule of thumb

€
Rule-of-thumb value
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0.5 gross monthly salaries per year of employment (anchor from Sec. 1a KSchG). Important: there is no general entitlement to severance — it is a negotiation result, and filing in time is your leverage.

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Also useful: What does the claim cost? (Labour court: special rules)

Frequently Asked Questions

The Dismissal Protection Act generally applies if the business has more than 10 employees and your employment has lasted longer than 6 months. But the 3-week deadline also covers other grounds of invalidity — a quick legal check is worthwhile even in small businesses.

The dismissal is deemed valid from the start (Sec. 7 KSchG) — even if it would have been contestable. Your negotiating position for a severance package is then practically gone.

There is no general entitlement. Severance usually arises from a settlement before the labour court — the timely claim is the leverage. Sec. 1a KSchG provides 0.5 monthly salaries per year for redundancy dismissals with the corresponding notice.

Before the labour court there is no court fee advance, and in the first instance each side pays their own lawyer (Sec. 12a ArbGG). If the case ends in a settlement, the court fees are waived entirely. Details in the litigation cost calculator.

Act immediately: the claim must reach the labour court within the deadline. A lawyer can file the claim the same day if necessary — including a protective filing to preserve the deadline.

Not legal advice. The deadline calculation follows Secs. 187, 188, 193 BGB without accounting for public holidays; actual receipt is decisive. Binding assessment only by a lawyer.