In most employment situations in Germany, contracts must be terminated with notice. But under specific and serious circumstances, the law allows for a termination without notice—a drastic form of dismissal that ends the working relationship immediately and without a transition period. Known in German as fristlose Kündigung, this type of termination can be initiated by either the employer or the employee. However, it must meet strict legal criteria, and misuse often leads to court disputes. This article explains when termination without notice is legally allowed in Germany, what the consequences are, and how you can protect yourself as an employee—especially if you’re an expat.
1. What Is Termination Without Notice?
Termination without notice means that the employment contract is ended immediately, without waiting for the usual notice period.
Key characteristics:
- Takes effect upon delivery of the termination notice
- Only allowed in cases of serious misconduct or breach of trust
- Can be initiated by either party (employer or employee)
- Must be declared within 2 weeks of learning about the reason
📌 It is considered a last resort when continued employment—even for a few more days—is unreasonable.
2. Legal Basis for Immediate Dismissal
The legal foundation is Section 626 of the German Civil Code (BGB).
It states:
“The employment relationship may be terminated without notice for a compelling reason if facts exist which make it unreasonable to expect the terminating party to continue the employment until the end of the notice period.”
In other words: ✅ A compelling reason must exist
✅ It must be serious and provable
✅ The termination must be prompt and justified
3. Valid Reasons for Termination Without Notice
✅ By the employer:
- Theft, fraud, or embezzlement (even of small amounts)
- Workplace violence or serious threats
- Deliberate falsification of time records
- Unjustified refusal to work
- Severe breach of confidentiality or data misuse
- Sexual harassment or discrimination
✅ By the employee:
- Non-payment of wages
- Abuse or threats from the employer
- Dangerous or illegal working conditions
- Deliberate violation of contract by the employer
📌 Each case is fact-specific and often reviewed by the labor court.
4. Procedural Requirements for a Valid Termination
A termination without notice must meet the following conditions:
✅ Written form – Verbal or email notice is invalid
✅ Signature – From a person authorized to terminate
✅ Delivered correctly – Personally or by registered post
✅ 2-week deadline – Must be declared within 2 weeks after discovery of the misconduct
✅ Consultation – Employer must consult the works council (if one exists)
📌 The termination must also include or be followed by a justification if requested by the employee.
5. Is a Prior Warning Required?
Generally, yes—if the misconduct could have been corrected.
Examples:
- Repeated lateness
- Failure to follow instructions
- Poor performance
In cases of extremely serious misconduct (e.g. theft, violence), a warning may not be necessary.
📌 The absence of a warning can make the termination invalid.
6. What to Do If You Receive a Termination Without Notice
⚠️ Step 1: Act Quickly
You have only 3 weeks from the date of receiving the notice to file a dismissal protection claim (Kündigungsschutzklage) at the labor court.
📑 Step 2: Gather Evidence
- Employment contract
- Warning letters (if any)
- Witnesses or written communication
- Your response to the alleged misconduct
⚖️ Step 3: Consult a Lawyer
Labor lawyers can assess:
- Whether the termination was lawful
- Whether the employer followed procedure
- Whether you are entitled to severance or damages
📌 Many terminations without notice are overturned in court or settled via compensation.
7. Consequences of Immediate Termination
If valid:
- Employment ends immediately
- No further salary is paid
- No entitlement to severance (unless negotiated)
If you were at fault, the employment agency may:
- Impose a 12-week suspension (Sperrzeit) on unemployment benefits
📌 You also risk having a negative work reference unless you settle or win your case.
8. Termination Without Notice vs. Ordinary Termination
| Aspect | Termination Without Notice | Ordinary Termination |
|---|---|---|
| Takes effect | Immediately | After notice period |
| Requires reason | Yes (serious misconduct) | Yes (personal, conduct, operational) |
| Warning needed | Sometimes | Yes (for conduct) |
| Court risk | High | Moderate |
| Can trigger benefit suspension | Yes | Rare |
9. What Expats Should Know
If you are a non-EU employee:
- Termination without notice may affect your residence permit
- Losing your job may require you to find a new one within 3 months
- Inform the immigration office (Ausländerbehörde) immediately
- You may lose your visa status if your income falls below legal thresholds (e.g. Blue Card holders)
📌 Always consult an employment and immigration lawyer after sudden termination.
10. Can You Resign Without Notice?
Yes—but only under similar strict conditions:
- You must prove the employer seriously breached the contract
- You must resign in writing
- You must act within 2 weeks of becoming aware of the issue
📌 Unjustified resignation without notice may impact your unemployment benefits.
Conclusion
Termination without notice in Germany is a powerful legal instrument—but also a dangerous one. For employers, it’s risky and often contested. For employees, it’s devastating if misused—but can be overturned if challenged properly.
If you’re facing immediate dismissal, act within 3 weeks to file a legal claim. With the help of a lawyer, you may be able to reverse the termination, receive compensation, or at least protect your professional reputation and benefits.
