General dismissal protection under the German Dismissal Protection Act (Kündigungsschutzgesetz, KSchG) makes an ordinary termination valid only if it is socially justified, meaning person-, conduct-, or operational-related. It applies once employment has lasted more than six months and the workplace usually employs more than ten people. Separately, special protection (besonderer Kündigungsschutz) covers certain groups, such as pregnant employees, parents on parental leave, and severely disabled people. Note that dismissal protection begins independently of the probationary period (Probezeit).
At a glance
- General protection applies after more than six months' tenure and in workplaces with usually more than ten employees
- The termination must then be socially justified: person-, conduct- (usually after an Abmahnung), or operational-related
- The six-month waiting period is not the probationary period; protection starts after six months even without an agreed probation
- Special protection applies, among others, to pregnant employees, parents on parental leave, severely disabled people, and works council members, often only with official approval
FAQ
What applies in small businesses?
In workplaces with ten or fewer employees the KSchG does not apply. Limits remain, such as the ban on terminations breaching good faith or public policy, plus special protection for certain groups.
Do part-time staff count toward the threshold?
Pro rata. For the ten-employee threshold, part-timers up to 20 hours per week count as 0.5 and up to 30 hours as 0.75; apprentices do not count. What matters is this head count, not the raw number of people.
Can you still be dismissed despite protection?
Yes. If a recognised reason exists and the procedure is followed, such as consulting the works council under § 102 BetrVG, the termination is valid even where protection applies.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
