Action for unfair dismissal
Action for unfair dismissal in Augsburg – time limits, procedure and your chances
By bringing an action for unfair dismissal, you can challenge an unlawful dismissal before the employment tribunal. The three-week time limit is crucial: if this is missed, even an unlawful dismissal is deemed valid. Our specialist employment lawyers in Augsburg will review your dismissal and represent you before the Augsburg Employment Tribunal – from the initial assessment through to a settlement or judgement.
The three-week deadline: why every day counts
The time limit for bringing a claim under Section 4 of the Employment Protection Act (KSchG) is the most important time limit in employment protection law. The claim must be received by the employment tribunal within three weeks of the notice of termination being received – it is not the date of dispatch that counts, but the date of receipt by the tribunal.
Receipt depends on the method of delivery: if delivered in person, the time limit begins immediately. In the case of registered post, the notice of termination is deemed to have been received as soon as the letter is in the letterbox – even if you were not at home or were on holiday. If the deadline falls on a weekend or a public holiday, it is extended to midnight on the next working day.
If the deadline is missed, the dismissal is deemed valid under Section 7 of the German Employment Protection Act (KSchG) – even if it was clearly unlawful. Only in very limited exceptional cases is subsequent validation possible under Section 5 of the German Employment Protection Act (KSchG), for example if you were prevented from bringing the action in time due to illness or absence through no fault of your own. The application must then be submitted within two weeks of the obstacle ceasing to exist. In Augsburg, the Labour Court at Frohsinnstraße 2 has jurisdiction.
Prerequisites – when is it worth taking legal action?
The Employment Protection Act (KSchG) applies if two conditions are met: the business regularly employs more than ten full-time staff (part-time staff are counted on a pro rata basis), and your employment relationship has lasted for more than six months. If both conditions are met, the employer must demonstrate a socially justifiable reason – whether for operational, personal or behavioural reasons. In the case of redundancies, the employer must also carry out a proper social selection process based on length of service, age, maintenance obligations and severe disability.
Even without the KSchG – for example, in small businesses – a legal claim may be successful. Possible grounds for challenge include: procedural defects under Section 623 of the German Civil Code (BGB) (lack of written form, no handwritten signature), failure to consult the works council or an incorrect consultation under Section 102 of the Works Constitution Act (BetrVG), breach of special protection against dismissal (pregnancy, severe disability, parental leave, membership of the works council) or dismissals in breach of good faith under Section 242 of the German Civil Code (BGB). In these cases in particular, it is especially worthwhile to have a lawyer review the matter.
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Time limit calculator: Is your time limit still running?
Enter the date on which you received your notice of termination. The calculator will immediately show you the deadline by which your claim must be received by the Augsburg Labour Court – including weekends and Bavarian public holidays.
The proceedings of the unfair dismissal claim at the Augsburg Labour Court
Proceedings at the employment tribunal follow a clear procedure and are usually concluded within a few months. Most cases are settled as early as the first hearing.
Mediation session – the first step
Two to three weeks after the claim is filed, the Augsburg Labour Court schedules a conciliation hearing. The presiding judge attempts to reach an amicable settlement. Around 80% of all unfair dismissal cases end in a settlement – typically a severance payment in exchange for termination of the employment contract, often accompanied by a favourable reference. The amount of the severance payment depends largely on how effectively your legal representation highlights the weaknesses in the dismissal.
Hearing – if no agreement can be reached
If no agreement is reached, the case will proceed to a hearing before a panel of three judges – one professional judge and one lay judge each representing the employer and the employee. The employer must set out the grounds for dismissal in detail and provide evidence to support them. At the Augsburg Labour Court, the waiting period before the panel hearing is usually three to five months. A settlement is still possible at this stage. An appeal against the judgement may be lodged with the Munich Regional Labour Court.
Costs and compensation in unfair dismissal claims
Labour court proceedings are deliberately designed to be employee-friendly. In the first instance, a special rules on costs apply: each party bears its own legal costs – even the winning party (Section 12a of the Labour Court Act). If a settlement is reached, court costs are waived entirely.
How much does an unfair dismissal claim cost?
Legal fees are based on the value of the claim, which in cases of unfair dismissal claims is usually three months’ gross salary. For a gross salary of €3,500, the costs typically range between €1,500 and €2,500. If you have legal expenses insurance that covers employment law, this will usually cover the costs after any excess has been deducted. Employees on low incomes may apply for legal aid from the Augsburg Labour Court.
What kind of severance pay is realistic?
There is no legal entitlement to severance pay. In practice, however, the vast majority of cases are settled with an agreement that includes severance pay. A rough guide is 0.5 to 1.0 times your gross monthly salary for each year of service. For a gross salary of €4,000 and eight years’ service, the range is therefore between €16,000 and €32,000. The more vulnerable the dismissal is to challenge, the stronger your negotiating position. Our specialist solicitors are familiar with the case law of the Augsburg Labour Court and will negotiate the best possible outcome for you.
Frequently asked questions about unfair dismissal claims
Further information on employment law
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This information does not constitute legal advice in individual cases.
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