Dismissal protection proceedings procedure: What you should know!
Dismissal protection proceedings have a set procedure. If you as an employee have been dismissed by your employer and have filed an action for protection against dismissal with the labour court, the labour court proceedings are initiated.

In the course of the dismissal protection proceedings, the labour court examines the legal position of the dismissal.
During the proceedings, there are opportunities for an amicable settlement between the employer and employee. If such an agreement is not possible, the labour court will issue a ruling.
In this article, we explain the process of dismissal protection proceedings, what options there are for reaching an agreement and what the outcome of dismissal protection proceedings can be.
Übersicht:
- What are dismissal protection proceedings?
- What requirements must be met for the Dismissal Protection Act to apply?
- What is the procedure for a dismissal protection claim?
- How long does it take until the conciliation hearing?
- What happens if I win the dismissal protection claim?
- Who bears the costs of an action for unfair dismissal?
- Conclusion
- FAQ
1. What are dismissal protection proceedings?
If an employer gives notice of dismissal to an employee, the dismissal must fulfil certain requirements in order to be lawful. If the Dismissal Protection Act applies, the employment relationship is subject to general protection against dismissal. Accordingly, social justification is required for an employer's dismissal to be effective.
If the dismissal is based on behavioural, personal or operational grounds, the dismissal is socially justified. If there is no such reason for dismissal, the employer's dismissal is not legally effective. In order to check whether there is a valid reason for dismissal, it is advisable for the employee to file an action for protection against dismissal with the competent labour court.
After receiving such a complaint, the labour court will examine the legal validity of the employer's dismissal in dismissal protection proceedings.
2. What requirements must be met for the Dismissal Protection Act to apply?
In order for the general protection against dismissal to apply, certain requirements from the German Protection Against Dismissal Act must be met. Firstly, the company must not be a small business. A small business can be determined by the number of full-time employees.
If 10 or fewer employees regularly work full-time in a company, the general protection against dismissal does not apply. Part-time employees are also counted with their share of full-time employment.
Secondly, the employee must fulfil a certain waiting period for the general protection against dismissal to apply. In the first 6 months of employment, the general protection against dismissal does not apply to employees. The length of the probationary period is irrelevant. Even if the probationary period is only 3 months, the general protection against dismissal only applies after 6 months of employment.
3. What is the procedure for a dismissal protection claim?
The employee must submit the action for protection against dismissal to the labour court or have it submitted by their lawyer no later than three weeks after receipt of the dismissal. The action will be served on the employer by the court.
After receiving the complaint, the labour court schedules an initial hearing with the employee and the employer. This appointment is known as a conciliation hearing and only takes place with the presiding judge. At the conciliation hearing, the judge attempts to reach an amicable agreement between the employee and the employer.
Conciliation hearing
At the conciliation hearing, the chairman points out the legal risks and problems for both parties in order to increase the willingness to settle. In a settlement, it can be agreed that the employment relationship will be terminated by mutual agreement and that the employee will receive a severance payment for the termination.
If the parties do not reach an agreement, the chairman can schedule another conciliation hearing. If no agreement is reached even then, the chairperson will schedule the chamber hearing. However, this does not mean that a settlement cannot still be reached.
Chamber hearing
Before the chamber hearing, both parties submit written statements on the claim and present their arguments. In addition to the presiding judge, who is always a professional judge, two lay judges are present at the chamber hearing. The two lay judges, together with the chairman, decide on the claim if no amicable settlement is possible.
Judgement
If no amicable agreement is reached and the court does not require any further evidence for its decision, a judgement is issued. The labour court can dismiss the claim - in this case, the dismissal was lawful and the employment relationship ended at the end of the notice period or, in the case of termination without notice, upon receipt of the letter of termination.
However, dismissals very often turn out to be invalid. The labour court then decides in favour of the employee. In this case, the employee is entitled to continued employment.
Appeal or revision
If the employer or employee does not agree with the judgement of the labour court, they can lodge an appeal. The regional labour court will then hear the case again as the next instance. If you also disagree with the judgement of the regional labour court and discover legal errors, you can lodge an appeal with the Federal Labour Court in Erfurt.

You can read more on the subject of dismissal protection lawsuit in this article.
4. How long does it take until the conciliation hearing?
If you have filed an action for unfair dismissal or had it filed by your lawyer, the court will promptly schedule a date for the conciliation hearing. Depending on how busy the court is, this hearing will take place around 3 to 6 weeks after the claim has been filed.
The hearing should therefore take place as soon as possible so that the employee and employer can reach an agreement quickly and, for example, a possible return to work can be considered if the employer withdraws its accusations.
5. What happens if I win the dismissal protection claim?
The Protection against Dismissal Act is intended to protect against dismissal according to its very meaning. For this reason, the employee or their lawyer applies in a dismissal protection lawsuit for the court to declare that the employment relationship has not been terminated by the dismissal.
If the dismissal protection proceedings are won by a judgement in favour of the employee, the employer must continue to employ the employee. However, if this no longer seems reasonable because the parties may have fought the legal dispute very bitterly, an application for termination can be made - see Section 9 of the Protection against Dismissal Act.
In such a case, the employment relationship ends despite the judgement in favour of the employee and the claim for continued employment. The labour court will then terminate the employment relationship and set an appropriate severance payment. The amount of the severance payment is determined by the labour court ex officio.
The maximum amount of severance pay is 12 gross monthly salaries; for employees who have reached the age of 50, the maximum amount may be higher, depending on how long they have been with the company.
If you, as an employee, have been dismissed for conduct-related reasons, regardless of whether it is a dismissal with notice or without notice, you have the option of taking legal action against the dismissal.
Employees have 3 weeks from the date of receipt of the letter of dismissal to file an action for protection against dismissal.
6. Who bears the costs of an action for unfair dismissal?
Two types of costs can arise in a dismissal protection process: legal fees and court costs. We know from other court proceedings that the loser of the case has to bear all costs. In the first instance before the labour court, however, each party pays their own lawyer, regardless of the outcome of the proceedings.
Court costs are only incurred if the labour court also issues a judgement. As long as the employee and employer are able to reach an agreement through a court settlement, no court costs are incurred. This shows that an amicable agreement by means of a settlement is favoured in dismissal protection proceedings.
If the labour court has to make a judgement, the losing party bears the court costs, or as far as they have lost.

You can read more about the termination protection lawsuit costs in this article.
7. Conclusion
- Dismissal protection proceedings examine the legal validity of an employer's dismissal.
- The employee must submit the action for protection against dismissal to the labour court no later than three weeks after receiving the dismissal notice.
- The dismissal protection proceedings include a conciliation hearing, possibly a chamber hearing and can go as far as an appeal.
- If the dismissal protection proceedings are won by a judgement in favour of the employee, the employer must continue to employ the employee. Alternatively, an application for cancellation can also be made.
- Legal fees and possibly court costs are incurred in a dismissal protection lawsuit. Each party pays their own legal fees, court costs are to be paid by the losing party and are only incurred if the court also issues a judgement.
8. FAQ
When do I have to file an action for unfair dismissal?
No later than three weeks after receipt of the notice of dismissal.
What is a conciliation hearing?
A conciliation hearing is a first court hearing at which an attempt is made to reach an amicable agreement between the employee and employer.
How long does it take to get to the conciliation hearing?
Depending on how busy the court is, around 3 to 6 weeks after the complaint is filed.
What costs are incurred in dismissal protection proceedings?
Each party bears their own legal fees in the first instance; court costs are only incurred in the event of a judgement and are borne by the unsuccessful party.
What happens if I win the case as an employee?
The employee is entitled to continued employment or, if this is unreasonable, to a severance payment.
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