

An unfair dismissal claim is the most important means for employees to defend themselves against dismissal. However, it must be submitted within three weeks of receiving written notice of termination. Strict adherence to this statutory deadline for filing a lawsuit is of crucial importance. This article explains all the important aspects of the deadline for an unfair dismissal claim for employees.
The most important information at a glance:
- There is a three-week deadline for filing an action for unfair dismissal. The deadline for filing an action for unfair dismissal begins on the day after the written notice of termination is received. The decisive factor is the receipt of a written notice of termination (i.e. no verbal or electronic notices of termination).
- A termination that is not contested within the deadline is automatically considered legally effective – even if it was originally unlawful.
- Subsequent admission of an action is only considered in rare exceptional cases.
Contents
- Basic deadlines and legal bases
- Detailed calculation of deadlines and practical examples
- Formal requirements for an ‘access’ to the notice of termination
- Legal consequences of a missed deadline
- Exceptions and deadline extensions
- Practical recommendations for employees
- Frequently asked questions (FAQ)

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Basic deadlines and legal principles
Dismissals usually come unexpectedly – and are often legally invalid. This is because a reason for dismissal is usually required. And this is often missing. However, employers and employees usually see this differently. Ultimately, however, the labour court decides whether a dismissal is effective in an unfair dismissal lawsuit. And for that you need a unfair dismissal claim, for which the deadline is three weeks. Within this period of time after receiving the notice of termination, a complaint must be submitted to the labour court. This deadline for actions against unfair dismissal applies to all terminations – whether ordinary, extraordinary or dismissal with the option of altered conditions of employment. It also does not matter whether you work full-time, part-time or in a marginal employment relationship. The deadline always remains the same.
The legal basis for this can be found in the German Unfair Dismissals Protection Act, which grants employees comprehensive protection against unjustified dismissals. However, this unfair dismissal protection only applies if the formal requirements, in particular the time limit for filing a lawsuit, are met.
Detailed deadline calculation and practical examples
Calculating the deadline for a dismissal protection suit follows clear rules: the deadline begins on the day after the receipt of the written notice of termination. This day is counted as the first day. The deadline ends at midnight on the last day of the third week. If this day is a Saturday, Sunday or public holiday, the deadline is automatically extended to the next working day.
The following examples illustrate the calculation:
- If an employee receives their notice of termination on 10 May, the period begins on 11 May and ends at midnight on 31 May.
- If the notice of termination is received on 1 December, the period begins on 2 December. If the regular deadline falls on 22 December, but it is a Saturday, the deadline is extended to Monday, 24 December.
- If the notice of termination is served on 20 March, the period starts on 21 March. If the end of the period falls on a public holiday, such as 10 April, the period is also extended to the next working day.

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Formal requirements for an ‘access’ of the notice of termination
The start of the period for the action against unfair dismissal is subject to certain formal requirements. The decisive factor is the receipt of a written notice of termination. Verbal dismissals or dismissals by e-mail, text message or messenger services are formally invalid and do not trigger the period for filing a lawsuit. This also applies to dismissals by fax or as a scanned document, or with an ‘electronic’ signature (e.g. Docusign). These are invalid!
Special rules apply to dismissals that require official approval:
- For severely disabled employees, the consent of the integration office is required.
- Mothers-to-be enjoy special protection against dismissal under the Maternity Protection Act.
- For apprentices, special regulations apply under the Vocational Training Act.
In these cases, the period for filing a lawsuit does not begin until the relevant official approval has been submitted.
In view of the complex rules on deadlines and formal requirements, it is advisable to consult an employment lawyer in good time. They can ensure that all deadlines are met correctly and that your rights are optimally represented in the event of a dismissal.
Legal consequences of missing a deadline
The consequences of missing a deadline for the action against unfair dismissal are far-reaching and usually cannot be rectified. A dismissal that is not contested in due time is automatically deemed legally effective, even if it was originally unlawful. This has several serious consequences:
- Irrevocable loss of the right to continued employment
- No possibility of claiming a severance payment
- No judicial review of the grounds for dismissal
- Loss of protection against dismissal for this specific case
Exceptions and deadline extensions
The law only allows for a very small number of exceptions to the deadline for filing a dismissal protection suit. A subsequent admission of the claim can only be considered if the employee, despite taking all reasonable care, was prevented from filing the claim in time. This may be the case in the following situations:
- serious illness with incapacity to act
- stay abroad through no fault of one’s own with no possibility of taking action
- Retrospective determination of a pregnancy during the notice period
The application for retrospective admission must be submitted within two weeks of the obstacle being removed, but no later than six months after the original expiry of the deadline.
Practical recommendations for employees
- Receiving the notice of termination: Immediately upon receiving a notice of termination, you should carefully document the access document and the access date.
- Note deadlines: Calculate the three-week deadline precisely from the day after you received the notice of termination. This deadline is crucial for your options for action.
- Legal advice: Contact an employment lawyer immediately after receiving the notice of termination. Expert legal advice is essential at this stage to protect your rights and ensure that you do not miss any deadlines.
- Filing a lawsuit: Your lawyer will advise you on whether and how to file an unfair dismissal claim with the competent labour court. Please note that the deadline for filing a lawsuit must be met.
- If you run into difficulties, inform your legal counsel immediately. They can assist you in meeting the deadline.
- Gather documents: Collect and secure all relevant documents such as the termination notice, correspondence and witness statements that could support your claims.
- Check legal expenses insurance: Check whether you have legal expenses insurance that covers the costs of an unfair dismissal lawsuit.
Adherence to the deadline for an action against unfair dismissal is of central importance for the success of an action against unfair dismissal. Do not take the risk of missing this deadline. Therefore, seek legal assistance at an early stage to examine and enforce your legal options. This is the only way to effectively protect your rights and defend yourself against unlawful dismissals.

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Frequently asked questions (FAQ)
What is the deadline for an unfair dismissal claim?
The deadline is three weeks after receipt of the written notice of termination. The action must be received by the competent labour court within this period.
When does the period for filing an action begin?
The period begins on the day after the written notice of termination is received. Receipt of a notice of termination means that the employee has received the notice in such a way that he or she has been able to take note of it. This usually happens when the notice of termination is handed over to the employee in person or sent by post. For example, if a notice of termination is issued on 10 May, the period begins on 11 May.
What happens if the time limit for an unfair dismissal claim has passed?
The termination is then automatically considered legally effective, even if it was originally unlawful. Subsequent admission of the lawsuit is only possible under strict conditions.
Does the deadline for an unfair dismissal claim also apply to oral terminations?
The time limit for filing a lawsuit for a termination only begins with the receipt of the written termination. Verbal terminations or terminations that are issued by email or via messenger services are formally invalid and therefore do not set any deadlines in motion. The employee does not have to immediately defend himself against a clearly formally invalid termination, as this has no effect and the fiction of the start of the deadline does not apply. However, if compliance with the written form requirement is disputed or unclear, it is advisable to observe the time limit as a precautionary measure in order to avoid missing any deadlines.
What happens if the end of the period falls on a public holiday?
The period is automatically extended to the next working day if the regular end of the period falls on a Saturday, Sunday or public holiday.
Are there exceptions to the three-week period?
No. A subsequent admission of an action is only possible if the employee was prevented from filing an action through no fault of their own, for example in the event of serious illness. The application must then be submitted within two weeks of the obstacle ceasing to apply.
Does the deadline also have to be met in the event of termination during the probationary period?
Yes, the three-week deadline for the action against unfair dismissal applies to all types of termination, regardless of the length of service or the type of employment relationship.
Is it sufficient if I post the notice of termination within the deadline?
No, the action must be received by the labour court within the three-week period. The date of posting is not relevant.
Does the deadline also apply to a second notice of termination during ongoing proceedings?
Yes, action must also be taken against subsequent notices of termination within three weeks. A ‘trawl-net application’ can be useful here.
What happens if the employer withdraws the notice of termination?
Even if the notice of termination is withdrawn, the deadline for filing an action should still be adhered to, as a unilateral withdrawal after the notice of termination has been received is not legally possible.
What applies to the dismissal of severely disabled employees?
In the case of severely disabled employees, the period does not begin until the required official approval has been obtained. The three-week period then starts from that point in time.

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- 15min free initial consultation with a lawyer
- Prompt online appointment via Calendly or quick call-back
- Strategy for negotiating your severance pay