Summary Dismissal

Termination of the employment relationship without observing any notice period, based on serious cause under § 626 BGB.

A serious cause exists when, considering all circumstances, the dismissing party cannot reasonably be expected to continue the relationship until the end of the ordinary notice period – for example in cases of severe breach of duty, theft, persistent refusal to work or criminal acts against the employer. In most cases a prior warning letter (Abmahnung) addressing the same conduct is required.

A summary dismissal must be declared within two weeks of obtaining knowledge of the relevant facts (§ 626 (2) BGB). For the employee, the three-week deadline for filing a dismissal protection claim still applies. Court proceedings frequently focus on reclassifying the summary dismissal as an ordinary one – or on negotiating a settlement that includes a severance payment.