Your Specialist Lawyer for Employment Law in Wismar

Once you receive an ordinary or extraordinary dismissal, the three-week period under section 4 of the German Protection Against Dismissal Act (KSchG) applies: you must file a claim with the labour court within three weeks of receipt. If you miss this deadline, the dismissal is deemed valid by law – regardless of how justified it actually was.

In practice this means: before you "accept" a dismissal, negotiate a settlement offer or enter other discussions, the deadline should be noted and the claim prepared. A timely claim keeps all options open – including negotiations over severance.

Be careful about receipt: what counts is not the date on the letter, but the day the dismissal enters your sphere of control (e.g. your letterbox). Keep the envelope with a date stamp and document the day of receipt in writing.

Unlike common belief, there is no statutory entitlement to severance in dismissal protection proceedings. Severance usually arises through negotiation – based on the procedural risk the employer faces if the case goes to court. That is where leverage lies.

The rule of thumb "half a month's gross salary per year of service" (oriented on section 1a KSchG) is only a rough guide. Actual outcomes are often significantly higher when arguments are well prepared: long tenure, formal defects in the dismissal, protective rights (severe disability, pregnancy, works council activity) or strong evidence increase the value noticeably.

Negotiating strength comes from facts, not demands. Accepting the first "offer" too quickly typically gives away a substantial part of what could have been achieved.

A settlement agreement ends the employment relationship by mutual consent and offers predictability for both sides. For employees it can make sense if drafted correctly – but it can also bring significant disadvantages, especially a waiting period for unemployment benefit under section 159 SGB III.

Key points should be clarified before any signature: end date, release from duties, remaining leave, bonuses, reference, non-compete, occupational pension – and especially the level of severance relative to a realistic outcome of a dismissal protection claim.

There is no statutory right of withdrawal. Challenging the agreement later for duress or fraudulent misrepresentation succeeds only in rare exceptional cases. Requesting time to consider is therefore routine, not an affront.

A warning is more than a reprimand: it prepares the ground for a later conduct-related dismissal. Accepting an unjustified or formally defective warning without comment noticeably weakens your position. A written counter-statement or a request to remove it from the personnel file is often worthwhile.

Transfers must be covered by the right of direction (section 106 GewO) and must be reasonable. Especially where location or role changes significantly, critical review pays off – not every transfer must be accepted.

Reference claims arise as soon as the employment relationship ends. A "satisfactory" reference (grade 3) is the minimum standard. If you seek a better rating, the burden of proof lies with you in a dispute – if the employer chooses a lower grade, the burden shifts to them.

Standard clauses in employment contracts are usually general terms and conditions subject to content control under sections 305 ff. BGB. Clauses on overtime ("covered by salary"), penalties, repayment of training costs or post-contractual non-competes often do not hold up.

A compact legal review before signing is worthwhile – especially for management roles, variable pay, group structures or fixed-term contracts. When changing jobs, post-contractual ties from the old contract (waiting compensation, client protection, customer protection) should be considered.

Subsequent amendments also deserve attention: a "small adjustment" can substantially shift leave, bonuses or non-competes.

First secure the date of receipt (keep envelope, photo, written note), inform yourself about the three-week deadline and register as a jobseeker with the employment agency immediately – otherwise waiting periods for unemployment benefit may apply.

Avoid spontaneous reactions such as quickly accepting a severance "offer" or signing a "receipt confirmation with additional content". Stay calm and buy time without jeopardising the deadline.

Collect all relevant documents: employment contract with amendments, dismissal letter, previous reference drafts, email correspondence, payslips for the last twelve months. The more complete the file, the more structured the negotiation.