- A clear intention to terminate – and whether the dismissal is ordinary or extraordinary.
- The termination date: “at the next possible date”, together with the date you have calculated (“According to our calculation, this is …”). This makes clear when the employment is to end, and a miscalculated period does not endanger the dismissal.
- For a summary dismissal, an alternative ordinary dismissal – with the works council and, where applicable, the representative of severely disabled employees consulted on both.
- Reasons generally need not be stated; exceptions apply, e.g. for apprentices after probation, and for a summary dismissal the reason must be given on request.
- A reference to the obligation to register as a jobseeker with the Federal Employment Agency without delay.
Guide for employers
Dismissal by the employer: the most common mistakes – and how to avoid them
In court, dismissals rarely fail because of the wording of the letter, but because of formalities, deadlines and missed consultations. This overview shows what to watch for in an ordinary and an extraordinary dismissal under German law.
Statutory notice period: on which date can you terminate?
The calculator only takes statutory periods into account. Longer periods under the employment contract, collective agreements or church regulations take precedence and must be checked separately.
The two-week period only begins once you know the relevant facts reliably and completely. Investigations carried out without delay – such as hearing the employee – can postpone the start. We will discuss with you in person how investigations affect the start of the period in your case.
Earliest termination date–
Wording
Non-binding calculation of the employer’s statutory notice periods. Longer periods under the employment contract, collective agreements or church employment regulations take precedence. The shortened two-week period only applies if a probationary period has been agreed, and only during the first six months. What counts is the day the dismissal is actually received. Special protection against dismissal, Inclusion Office consent and consultation of the works council and the representative of severely disabled employees are not taken into account; for severely disabled employees the notice period is at least four weeks.
What needs to be clarified first
Grounds and evidence
If the Protection Against Unfair Dismissal Act applies – employment of more than six months, more than ten employees – the dismissal requires a reason relating to the person, conduct or urgent operational needs. A warning is usually required before a conduct-related dismissal, and a proper social selection before a redundancy.
Applicable notice period
Check whether the statutory period (§ 622 BGB) or a period under the employment contract or a collective agreement applies. If the contract provides for a longer period, that period applies; shorter contractual periods are only permitted in exceptional cases, e.g. by collective agreement. If in doubt, the period more favourable to the employee – i.e. the longer one – applies.
Works council or employee representation
Where there is a works council, it must be consulted before every dismissal – including during probation – fully and with all reasons relied on. Notice may only be given once it has issued its final opinion or its deadline has expired: one week for an ordinary, three days for an extraordinary dismissal. A dismissal without proper consultation is invalid. In church institutions the participation rights of the staff representation apply.
Disability representative and Inclusion Office
If the employee is severely disabled or has equivalent status, further participation is required: an existing representative body for severely disabled employees (Schwerbehindertenvertretung) must be informed and consulted before every dismissal – also during probation – and after the first six months the consent of the Inclusion Office (Inklusionsamt) is also required. Errors render the dismissal invalid. The order and deadlines of the individual steps are partly disputed and should be planned carefully in each case.
Other special protection
Pregnant employees and mothers after childbirth, employees on parental or care leave and works council members, among others, also enjoy special protection. Official approval or works council consent is often required before the dismissal.
Collective redundancies
If several employees are dismissed within 30 days, consultation of the works council and notification of the Federal Employment Agency may be required before the dismissals. Errors render the dismissals invalid.
Where dismissals most often fail
Written form
The dismissal must be in writing with a handwritten signature. E-mail, fax, a scanned signature or a messenger message are not sufficient.
The right signature
It must be signed by a person authorised to dismiss. If an agent signs, the original power of attorney should be enclosed – otherwise the employee can reject the dismissal without delay, unless the authority is known to them.
Proving receipt
The dismissal only takes effect on receipt, which the employer must prove. According to case law, a registered letter dropped into the letterbox does not provide reliable proof of receipt. With a registered letter with return receipt, the dismissal is only received when the employee collects it from the post office – if they do not, important deadlines may pass. The safest option is delivery by a messenger who can later testify as a witness. Persons who would themselves be a party to the proceedings – such as a sole proprietor or the managing director or board member of a company – are not suitable; an HR employee, for example, is. The messenger must be able to testify to what was delivered: they should have read the letter, put it in the envelope themselves and documented the delivery with date and time. Alternatively, the letter can be handed over in person against a signed acknowledgement.
Deadlines
Statutory notice periods increase with length of service; longer contractual or collective periods may apply. A summary dismissal must be given within two weeks of the employer learning the relevant facts.
What the letter should contain
Frequently asked questions
Can I dismiss by e-mail or WhatsApp?
No. Under § 623 BGB a dismissal requires written form with the handwritten signature of a person authorised to dismiss; an electronic dismissal is invalid.
Can the probationary period be extended?
No. The shortened two-week notice period applies for no more than the first six months, and the qualifying period for dismissal protection also ends after six months – neither can be postponed unilaterally or by agreement. If it is still unclear whether the employee will prove themselves, there are two options: the employer gives notice within the six months but with a reasonably extended notice period – the courts have accepted up to four months – combined with a commitment to continue the employment if the employee proves themselves. Alternatively, the parties sign a termination agreement with a correspondingly deferred end date. If that date is considerably later, the agreement may be treated as a disguised fixed-term contract, which is invalid without objective justification under the Part-Time and Fixed-Term Employment Act. In both cases the declaration must be received or signed before the six months expire; the works council and, where applicable, the representative of severely disabled employees must be consulted before giving notice.
Until when can I give notice during probation?
What counts is receipt: the dismissal must reach the employee no later than the last day of the probationary period. The two-week notice period may expire afterwards – the employment then simply ends after probation. The period runs from the agreed first working day: with a six-month probation starting on 1 April, the last day is 30 September; starting on 15 April, it is 14 October. The qualifying period for protection under the Protection Against Unfair Dismissal Act ends at the same time; if a shorter probation was agreed, the qualifying period continues beyond it. Plan backwards: the works council has one week to respond, and notice may not be given before then. If the employee is severely disabled or has equivalent status, the representative of severely disabled employees must also be involved. Start the consultation early and deliver the dismissal by messenger.
Do I need a warning before a conduct-related dismissal?
As a rule, yes. Without a prior warning, a conduct-related dismissal is only valid for serious breaches.
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