If you have received a letter of termination as an employee, you should know that German labour law offers you possibilities to take action against this dismissal. One of these possibilities is an action for protection against dismissal. An action for protection against dismissal serves to review the legality of a dismissal. If the dismissal is not lawful, the labour court can declare it invalid and the employment relationship will continue. This text will inform you about the deadlines, the procedure and the costs of such a lawsuit.
Time limits for an action against unfair dismissal
It is crucial that you act quickly after receiving notice of dismissal, as the deadlines are very short.
Three-week deadline: After receiving the written notice of termination, you have exactly three weeks to file an action for protection against dismissal with the competent labour court. If you miss this deadline, the dismissal is usually considered effective, even if it would actually be invalid.
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Procedure of the dismissal protection action
Legal advice: It is advisable to seek legal advice immediately after receiving the notice of termination. A specialist lawyer for labour law can assess whether your dismissal is unlawful and whether it makes sense to file a complaint against it.
Filing the lawsuit: If you decide to file a lawsuit against dismissal, your lawyer will file the lawsuit at the competent labour court.
Conciliation hearing: As a rule, a conciliation hearing is scheduled after the complaint has been filed. This is an attempt to settle the dispute without a judgement, e.g. through a settlement.
Chamber hearing: If no settlement is reached, the chamber hearing follows. Here the case is heard in detail and witnesses can be heard. At the end of this hearing, either a judgement is handed down or another hearing is set.
Judgement: The court decides whether the dismissal was legal or not. If the dismissal was invalid, the employment relationship continues. However, a settlement can also be reached, in which, for example, a severance payment is agreed.
The costs of a dismissal protection action
The costs of an action for unfair dismissal consist of court costs and lawyers’ fees:
Court costs: In labour court proceedings, no fee is charged in the first instance if a settlement is reached. Court costs are only incurred if a judgement is reached.
Lawyers’ fees: The lawyers’ fees depend on the amount in dispute. As a rule, the amount in dispute is three times the employee’s gross monthly salary. It is worth agreeing on fees with the lawyer beforehand. Also note that in the first instance before the labour court, each party bears its own lawyer’s fees, regardless of the outcome of the case.
Conclusion on the subject of an action for unfair dismissal
If you receive notice of dismissal as an employee, you should act immediately and consider the possibility of taking legal action against dismissal. Pay particular attention to the short deadline of three weeks after receiving the dismissal. It is advisable to seek legal advice to properly assess your chances and risks and to ensure that your rights are protected.
When deciding whether or not to take legal action against dismissal, you should also consider the potential costs and weigh these against the possible benefits of a successful case. In the best case, an unlawful dismissal can be reversed or a settlement can be agreed.
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