Dismissal Protection Lawsuit Munich: 7 Answers from a Lawyer
Do you need a lawyer for a dismissal protection lawsuit in Munich or the surrounding area?

The law firm Kern + Peters specializes in labor law advice and representation for employees, professionals, executives, managing directors, and employers, and has been helping resolve workplace conflicts for 15 years.
With a dismissal protection lawsuit, employees can have an employer's termination reviewed for its legality.
However, there are specific deadlines for a dismissal protection lawsuit, and legal fees, as well as potentially court fees, may apply.
In this article, we provide information about the dismissal protection lawsuit, its deadlines and costs, as well as when filing a dismissal protection lawsuit might be worthwhile.
Overview:
- What deadlines must be observed for a dismissal protection lawsuit?
- When is a dismissal protection lawsuit worthwhile?
- Can employees in a small business file a lawsuit against dismissal?
- How long does a dismissal protection lawsuit take?
- Who bears the costs in a dismissal protection lawsuit?
- Is a lawsuit at the labor court free of charge?
- How much does a lawyer cost for a dismissal protection lawsuit?
- Conclusion
- FAQ
1. What deadlines must be observed for a dismissal protection lawsuit?
A dismissal protection lawsuit must be filed within a specific deadline for it to be processed by the labor court. The deadline for filing the lawsuit is 3 weeks after receiving the termination letter. It does not matter whether the employee has read the employer's termination letter.
Thus, the lawsuit deadline also runs if the termination is received during a vacation or a hospital stay.
If the deadline to file the lawsuit is missed, the court will reject the lawsuit as untimely. In such a case, even an obviously unlawful dismissal is considered legal. However, if the employee was prevented from filing the lawsuit for understandable and verifiable reasons, the labor court may still accept a lawsuit that was filed late.
In such a case, employees should definitely seek advice from a specialized labor lawyer to assess whether filing a delayed dismissal protection lawsuit could still be worthwhile.
2. When is a dismissal protection lawsuit worthwhile?
It always depends on the individual circumstances of the employer's termination to assess whether a dismissal protection lawsuit is worthwhile. In cases of obviously unlawful dismissals, such as the termination of a severely disabled employee or a pregnant employee without obtaining prior official approval, lawsuits against the dismissal are always worthwhile.
However, even in less obvious cases, a dismissal protection lawsuit and the subsequent dismissal protection proceedings can be used to reach an amicable settlement between the employee and the employer through a court settlement. In such a settlement, the employee and employer can agree on the conditions under which the employment relationship may be terminated.
Dismissal protection proceedings are usually resolved through a settlement
Settlements often include agreements regarding severance pay that the employer pays to the employee for the loss of the job, as well as the overall rating in the reference letter and the payment of overtime hours or remaining vacation entitlements.
Although the employee is entitled to a reference letter or compensation for vacation and overtime hours even without filing a dismissal protection lawsuit, they will not receive severance pay without filing such a lawsuit.
A dismissal protection lawsuit is often worthwhile in cases of immediate or extraordinary termination as well. Employers often make mistakes here, such as failing to observe the two-week deadline according to Section 626 of the German Civil Code (BGB), which can render the dismissal unlawful.

In this article, you will learn more about the topic of immediate termination.
3. Can employees in a small business file a lawsuit against dismissal?
Only employees who work in a business with more than 10 full-time employees and have been employed there for more than 6 months are entitled to general protection against dismissal under the Protection Against Dismissal Act.
Businesses with fewer employees are considered small businesses, and general protection against dismissal does not apply.
This means that employers can dismiss employees without a reason and only need to adhere to the notice periods. However, special protection against dismissal, such as for employees with a severe disability, pregnant employees, or employees on parental leave, still applies in small businesses.
Nevertheless, employees in small businesses can file a dismissal protection lawsuit against a dismissal by the employer. Even in small businesses, employees are not completely unprotected against employer dismissals. For example, an employer in a small business must observe a minimum level of social consideration when dismissing an employee. Dismissals in small businesses must not be immoral or violate the prohibition of retaliation.
4. How long does a dismissal protection lawsuit takes?
The duration of the proceedings mainly depends on whether and when a settlement between the employee and employer can be reached, or if the court has to issue a judgment.
After the lawsuit is filed, the labor court usually schedules an initial conciliation hearing within 4 to 6 weeks.
If an agreement can be reached during the first conciliation hearing or shortly thereafter, the process lasts only a few weeks. However, if further hearings are needed for oral arguments and the labor court must issue a judgment, a dismissal protection case can take up to 18 months.
If the parties appeal to the regional labor court or take the case to the federal labor court, the proceedings can drag on for several years.
5. Who bears the costs in a dismissal protection lawsuit?
In civil law, the losing party must pay the court fees and the attorney's costs. However, this is different in a dismissal protection case before the labor court in the first instance: Here, each party, meaning both the employee and employer, must cover their own attorney's fees, regardless of the outcome of the case.
The court costs, if incurred, must be paid by the party that loses the case. If a party only partially loses, they are only responsible for the court costs to the extent that they lost.
6. Is the lawsuit at the labor court free of charge?
The Protection Against Dismissal Act and the dismissal protection process are designed to give employers and employees the opportunity to settle the dispute over the dismissal through an amicable agreement. Through a settlement, the employment relationship is usually terminated, and the employee receives severance pay, if this can be negotiated with the employer.
The fact that the dismissal protection process is primarily intended to be resolved through a settlement is also reflected in the rule that no court fees are charged when the dismissal protection case is resolved through a settlement. In this case, the lawsuit before the labor court is free of charge.
Court costs in the case of a judgment
However, if the dismissal protection case ends with a judgment, the losing party must bear the court costs, or the parties share the court costs in proportion to the degree to which they lost. The court costs in the labor court are usually relatively low.
The court costs are calculated based on the so-called "dispute value." The dispute value of a dismissal protection case is three times the gross monthly salary. For a gross salary of €2,000, the costs amount to €364; for a gross salary of €3,000, the costs are €490; and for a gross salary of €4,000, the costs are €590.
7. How much does a lawyer cost for a dismissal protection lawsuit?
The costs for a lawyer in a dismissal protection case also depend on the dispute value and the employee's monthly salary, and are governed by the Lawyers' Compensation Act. Additionally, the lawyer's fees depend on the outcome of the case. While no court fees are charged in the event of a settlement, the lawyer is entitled to a so-called settlement fee.
The exact costs for legal advice and representation by a lawyer can usually only be calculated after the dismissal protection case has been concluded. However, if a severance payment is achieved, it usually exceeds the legal costs by several times, making the dismissal protection lawsuit worthwhile despite the lawyer's fees.
8. Conclusion
- With a dismissal protection lawsuit, employees can have an employer's dismissal reviewed for its legality.
- A dismissal protection lawsuit must be filed within three weeks of receiving the dismissal.
- Despite the lack of general protection against dismissal, employees in small businesses can also file a dismissal protection lawsuit against an employer's dismissal.
- A case can take weeks or even years, depending on whether an amicable settlement is reached or a court ruling is required.
- In a dismissal protection case, each party bears its own attorney's fees. If a court ruling is made, the losing party is also responsible for the court costs of the proceedings.
9. FAQ
When do I have to file a dismissal protection lawsuit?
The deadline for filing the lawsuit is 3 weeks after receiving the dismissal letter.
When is it worth filing a dismissal protection lawsuit?
In cases of clearly unlawful or unjustified dismissals.
Can I file a dismissal protection lawsuit in a small business?
Yes, even without general protection against dismissal, a lawsuit can still be worthwhile.
How long does a dismissal protection process take?
The process can last from a few weeks to several years. This mainly depends on whether and when a settlement between the employee and employer can be reached, or if the court needs to issue a judgment.
Who bears the costs of the proceedings?
Each party bears its own attorney's fees. If a judgment is made, the losing party must also cover the court costs of the proceedings.
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