Employee rights in Germany: the safety net explained

Name: GermanyCompass
Address: DE
Price range: Free

Kündigungsschutz after 6 months, 6-week full sick pay, working time limits, Betriebsrat powers and what to do the day you receive a termination.

Last updated: July 13, 2026

Can you be easily fired in Germany?

No. After 6 months in companies with more than 10 employees, the Kündigungsschutzgesetz requires socially justified grounds (conduct, person, or genuine redundancy with social selection) for any dismissal. You have exactly 3 weeks to file a Kündigungsschutzklage challenge - most cases settle with severance around 0.5 monthly salaries per year served.

What this guide covers

The protections stack The day you get a Kündigung (act, don't mourn)Severance myths corrected

The protections stack

Dismissal protection: grounds + process required; wrongful terminations routinely settle because employers lose messy cases
Sick pay: 6 weeks FULL salary per illness from the employer (Entgeltfortzahlung), then Krankengeld ~70% gross (capped) from your Kasse for up to 72 more weeks. Attest (sick note) by day 3 or per contract - now digital (eAU)
Working time: 8h/day standard, 10h max with averaging, 11h rest between shifts, Sunday work banned outside exceptions. Track your hours - the timekeeping ruling made records mandatory
Vacation is sacred: untaken statutory days survive termination as payout
Betriebsrat: works councils co-decide overtime, monitoring software and dismissals - befriend yours; they've saved many an expat's case before it started
Special shields: pregnancy (near-absolute), parental leave, severe disability, works-council members

The day you get a Kündigung (act, don't mourn)

Note receipt DATE (the 3-week clock is brutal and jurisdictionally fatal)
Do NOT sign anything same-day ("Aufhebungsvertrag" offers especially - they can waive protections AND trigger unemployment-benefit blocking periods)
Register at the Arbeitsagentur within 3 days of learning (jobseeking registration protects ALG I - losing job guide covers the visa side)
Lawyer or Rechtsschutzversicherung.5-months-per-year settlement math
Demand the Arbeitszeugnis draft early; negotiate its wording into any settlement

Severance myths corrected

No general legal right to severance exists - it emerges from settlements, social plans, or §1a offers. The 0.5-per-year formula is custom, not law: strong cases (procedure errors, protected categories) settle above it, weak ones below. The Kündigungsschutzklage filing is the lever that creates negotiation - which is why the 3-week deadline is everything.

Frequently asked questions

Probezeit firing - any recourse?

Almost none (2-week notice, no grounds needed) - discrimination/pregnancy exceptions aside. That's the deal of month 1-6.

Small company (<10) - unprotected?

From KSchG yes, but notice periods, discrimination law and treu-und-glauben minimums still apply.

Can I be fired while sick?

Being sick doesn't block a Kündigung (common myth) - but illness-BASED dismissal needs the high "personenbedingt" bar.

Aufhebungsvertrag with good money - trap?

Sometimes genuinely good (negotiated exit + neutral Zeugnis + garden leave). ALWAYS lawyer-checked first, and mind the Arbeitslosengeld Sperrzeit it can trigger.

Does my visa die with my job?

Not instantly - the losing-job guide covers the 6-month permit reality and Blue Card specifics.

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