Employee's claim against a dismissal at the labour court (Germany)

Germany · in German · for employees

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The claim an employee in Germany files against the employer's notice of dismissal (Kündigungsschutzklage). Anyone who considers a dismissal invalid must sue at the labour court (Arbeitsgericht) within three weeks of receiving it (§ 4 of the Dismissal Protection Act, KSchG), or it is treated as valid (§ 7 KSchG). Every labour court's Rechtsantragstelle also records claims free of charge. The claim sets out the parties, the application, the dismissal, the size of the business, the works council and the grounds; at first instance you may conduct the case yourself (§ 11 ArbGG). In German, to print, sign and file with one copy — e-mail is not enough.

  • Last updated October 27, 2026

Published byDocMuse

When to use this document

  • Your employer has dismissed you and you think the dismissal in Germany is unfair.
  • You were fired after years with the company and want to fight the dismissal.
  • The notice of dismissal arrived only days ago and you want to take it to the labour court quickly.
  • You want to file a claim against your dismissal in Germany yourself, before the short deadline runs out.

What you fill in

The details the document asks for.

  • Labour court where you work or where the employer has its seat (e.g. Arbeitsgericht Köln)
  • Labour court's postal address (street, then postcode and town)
  • Employee
  • Employee's address
  • Employer
  • Employer's legal representative, e.g. managing director (if known)
  • Employer's postal address (department if any, street, postcode and town)
  • Date of the notice
  • Ask to keep working while the case runs: yes or no
  • Date your employment began
  • Job title
  • Gross monthly pay in euros (average, with regular allowances)
  • Date the notice of dismissal reached you
  • Type of dismissal: with notice, without notice, or without notice and with notice in the alternative
  • Date of termination
  • Number of employees in the business: more than ten, ten or fewer, or not known
  • Works council: exists, does not exist, or not known
  • Date of your objection to the works council (§ 3 KSchG, if made)
  • Other reasons the dismissal is invalid, e.g. pregnancy, severe disability, parental leave (if any)
  • City
  • Date

Common questions

How do I count the three weeks for a dismissal claim in Germany?
The period starts when the written notice of dismissal reaches you — handed to you or put in your letterbox — not on the date printed on it. If it arrives on a Tuesday, the period ends on the Tuesday three weeks later; if that day is a Saturday, Sunday or public holiday, it ends on the next working day. The claim must have reached the labour court by then. After that the dismissal is treated as valid (§ 7 KSchG); a late claim is admitted only if you were prevented despite all reasonable care (§ 5 KSchG).
Can I file a dismissal claim in Germany myself, and what does it cost?
Yes. Before the labour court you may conduct the case yourself at first instance (§ 11(1) ArbGG), and every labour court's Rechtsantragstelle also records claims free of charge. File the signed original with one copy by post, fax or in person — e-mail is not enough. Court fees are not charged in advance, and the court fee falls away if the case ends in a settlement. At first instance each side bears its own representation costs, even the winner (§ 12a ArbGG). Trade union members get legal protection from their union; on a low income, legal aid (Prozesskostenhilfe) can be requested.
What happens after a dismissal claim is filed in Germany, and what is the works council's role?
The court serves the claim on the employer and calls both sides to a conciliation hearing, which in dismissal cases should take place within two weeks of filing (§ 61a(2) ArbGG); many cases end in a settlement, often with a severance payment, to which there is no general right. You may lodge an objection with the works council within one week (§ 3 KSchG), but it does not stop the three weeks running. Also register as job-seeking with the Agentur für Arbeit no later than three days after receiving notice if the job ends in less than three months (§ 38(1) SGB III).

How you can sign this document

  • Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
  • Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked

DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.

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