Dismissed by your employer? Calculate the three-week deadline for a claim
Your employer ends your employment.
How to recognise the letter
- The sender is your employer; the dismissal is in writing and signed.
- It names the day the employment is to end.
- There are no instructions on legal remedies – the deadline is in the law.
Which deadline applies?
Unfair dismissal claim: three weeks after receipt (§ 4 S. 1 KSchG). If the end falls on a Saturday, Sunday or public holiday, the deadline ends on the next working day (§ 222 Abs. 2 ZPO (über § 46 Abs. 2 ArbGG)). The calculator on this page works out the exact day – step by step.
Three weeks is short. The claim can also be recorded at the legal applications office of the labour court.
What happens if you do nothing?
If no claim is filed within three weeks, the dismissal is as a rule treated as valid.
Your options
- Get advice immediately: employment lawyer or trade union
- File a claim within three weeks – also possible without a lawyer
- Register with the employment agency (Agentur für Arbeit)
- Ask for a reference (Arbeitszeugnis)
Who can help?
Specialist employment lawyer, trade union, legal applications office of the labour court – immediately
Terms in this letter
Frequently asked questions
When do the three weeks start?
From receipt of the written dismissal (§ 4 S. 1 KSchG) – the day it reached you, not the date on the letter.
Do I need a lawyer?
Not necessarily for the claim: it can be recorded at the legal applications office (Rechtsantragstelle) of the labour court. Specialist employment lawyers and trade unions advise. Also register with the employment agency.
How much time do I have?
Three weeks after receipt (§ 4 S. 1 KSchG). If the end falls on a Saturday, Sunday or public holiday, the deadline ends on the next working day (§ 222 Abs. 2 ZPO (über § 46 Abs. 2 ArbGG)). The calculator above shows the exact day with every step.
Who can help me?
Specialist employment lawyer, trade union, legal applications office of the labour court – immediately.
General information, not legal advice. Whether this decision is correct and what is right in your case is for an advice centre or a lawyer to say. Laws link to the official German text at gesetze-im-internet.de.