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BlogJune 11, 2020

Protection against dismissal from an employment contract concluded in Germany (Kündigungsschutz)

German labor law provides employees with strong protection against dismissal. What are the key principles and how can Polish employees working in Germany defend their rights?

German labor law provides employees with strong protection against dismissal (Kündigungsschutz). The German Protection Against Dismissal Act (Kündigungsschutzgesetz, KSchG) applies to employees who have been employed for more than 6 months in companies with more than 10 employees.

Key principles of German dismissal protection:

  • Social justification requirement – a dismissal must be socially justified. There are three recognized grounds: person-related reasons (e.g., long-term illness), conduct-related reasons (e.g., breach of duty), and operational reasons (e.g., restructuring).
  • Prior warning requirement – for conduct-related dismissals, the employer must generally issue a prior warning (Abmahnung) before termination.
  • Works council consultation – if a works council exists, it must be consulted before any dismissal.
  • 3-week deadline – employees must file a dismissal protection claim (Kündigungsschutzklage) with the labor court within 3 weeks of receiving the termination notice. Missing this deadline generally means accepting the dismissal.

Practical advice for Polish employees in Germany:

  • Always seek legal advice immediately upon receiving a termination notice – the 3-week deadline is strict and non-extendable.
  • Do not sign any settlement agreements without legal advice.
  • Keep all documentation related to your employment and the circumstances of the dismissal.
  • Many dismissal cases are settled with a severance payment (Abfindung), typically ranging from 0.5 to 1.0 monthly salary per year of employment.

Paweł Osiński

Attorney specializing in German labor law and cross-border employment matters

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