Question 1

Can I fire an employee in Germany?

Accepted Answer

Yes, but German dismissal protection law (Kündigungsschutzgesetz — KSchG) applies to companies with more than 10 employees once the employee has completed a 6-month probationary period. The employer must demonstrate a valid reason: conduct-related (verhaltensbedingt), performance-related (personenbedingt), or operational/redundancy (betriebsbedingt). Without a valid reason, the dismissal is considered "socially unjustified" and can be overturned by a labor court.

Question 2

Do I need a written warning (Abmahnung) before firing someone in Germany?

Accepted Answer

For conduct-related dismissals, German labor courts almost always require at least one prior written warning (Abmahnung) for the same or similar misconduct. Without a documented Abmahnung, courts will typically find the dismissal socially unjustified under § 1 KSchG. Exceptions exist only for extremely serious misconduct (e.g., theft, fraud).

Question 3

What is Sozialauswahl (social selection) in German dismissal law?

Accepted Answer

Sozialauswahl (social selection) under § 1 Abs. 3 KSchG is mandatory for operational/redundancy dismissals. The employer must compare comparable employees and select those least in need of protection, based on four criteria: length of service, age, maintenance obligations (dependents), and severe disability. Failure to conduct a proper social selection is one of the most common reasons for dismissals to be overturned.

Question 4

Is an email dismissal valid in Germany?

Accepted Answer

No. Under § 623 BGB, a dismissal in Germany must be in written form with an original ("wet") signature. A dismissal sent by email, fax, WhatsApp, or given verbally is legally void (nichtig) — it has absolutely no legal effect. The employee can simply ignore it and continue to claim their salary.

Dismissal Risk Checker

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