In many countries, employment can be ended without explanation—but not in Germany. Here, employees benefit from strong legal protections. If you’ve received a dismissal without reason, it’s important to know that this kind of termination is usually not lawful under German labor law.
German employers are required to follow strict rules and provide justified grounds for termination. Any dismissal—especially one without cause—can be challenged in court. This article explains the legal framework surrounding termination without cause in Germany, how to assess your options, and what to do if you’ve been let go unexpectedly.
1. Can You Be Dismissed Without Reason in Germany?
❌ Short answer: In most cases, no.
According to the Protection Against Dismissal Act (Kündigungsschutzgesetz or KSchG), an employer must provide a valid reason for terminating an employee, such as:
- Operational reasons (business restructuring)
- Personal reasons (long-term illness, loss of permit)
- Conduct-related reasons (misconduct after warnings)
📌 If you’ve worked for the same employer for more than six months, and the company has more than 10 employees, you are legally protected—and your employer must justify the dismissal.
2. Exceptions: When Dismissal Without Cause Is Legal
There are limited cases where dismissal without reason is permitted:
✅ During the Probation Period
- First six months of employment
- No justification required
- Notice period still applies (usually 2 weeks)
✅ In Small Companies
- 10 or fewer full-time employees
- Not covered by KSchG
- Still must follow proper notice period and formal procedure
✅ Fixed-Term Contracts
- Employer may let contract expire without giving a reason
- Early termination only possible if agreed in the contract
📌 Even in these exceptions, written notice and timely delivery are required.
3. Legal Requirements for Valid Termination
Even if your employer believes they can dismiss you without cause, the termination must still meet basic legal criteria:
✅ Written form – Verbal or email notices are invalid
✅ Proper signature – From a person with termination authority
✅ Delivered correctly – By post, in person, or courier
✅ Respect notice period – Contractual or statutory
Failure to meet any of these can make the dismissal legally ineffective.
4. What to Do If You’re Dismissed Without Reason
Step 1: Stay calm and review the notice
- Is the termination in writing?
- Are you in probation or protected employment?
- Has your employer given a reason, orally or in writing?
📌 Employers are not obligated to explain the dismissal in the letter—but they must justify it if you challenge it in court.
Step 2: File a Lawsuit Within 3 Weeks
You have exactly 3 weeks from the date of receipt to file a dismissal protection claim (Kündigungsschutzklage) at the labour court (Arbeitsgericht).
If you miss the deadline:
- The termination becomes legally effective, even if unlawful
- You lose the right to challenge or negotiate severance
Step 3: Consult a Lawyer
A labor lawyer can:
- Check the dismissal for legal flaws
- Represent you in court
- Negotiate a settlement or severance package
📌 Many employers settle to avoid lengthy court cases, especially if the dismissal was unjustified.
5. Your Rights as an Employee
If you have been employed:
- For more than 6 months, and
- By a company with more than 10 employees
…you are protected under the Protection Against Dismissal Act, and the employer must prove:
- The reason for dismissal fits one of the legally accepted categories
- There were no alternatives to dismissal (e.g. reassignment)
- The dismissal was proportionate and socially justified
6. What About Expats and Foreign Employees?
Expats are entitled to the same protection as German workers. Your nationality or visa status does not limit your legal rights under labor law.
However, termination may affect your residence permit, especially if:
- Your permit is tied to a specific employer (e.g. Blue Card)
- You lose employment and do not find a new job within 3 months
- You resign instead of being terminated
📌 Notify the immigration authority (Ausländerbehörde) immediately after termination and seek advice.
7. Severance and Compensation Options
There is no automatic right to severance in Germany—but many termination cases result in:
- Court-ordered reinstatement, or
- Voluntary settlement payments by the employer
Typical severance formula:
0.5 × monthly salary × years of employment
Use our Severance Pay Calculator to estimate what you might be entitled to.
8. Warning Signs of Unlawful Dismissal
⚠️ Termination during sick leave
⚠️ Termination after announcing pregnancy
⚠️ Termination following a complaint to HR
⚠️ Sudden termination after whistleblowing
⚠️ No prior warning for minor misconduct
If any of these apply, you may have a strong case for unfair dismissal.
Conclusion
Dismissal without reason is generally not legal in Germany—except in a few narrow exceptions like probation or very small companies. If you receive a termination notice without explanation, don’t assume it’s valid.
As an employee—especially as an expat—you have strong legal protections. Use them. Review your termination, act quickly, and challenge any dismissal that feels unfair or unjustified. In many cases, employers will negotiate or withdraw the dismissal if challenged properly.
