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
- Two conditions for general protection: more than six months of tenure (Wartezeit) and a workplace that usually employs more than ten people (the KSchG threshold)
- Where it applies, a termination must be socially justified, meaning based on the person, conduct (then generally only after a prior Abmahnung), or operational reasons
- The six-month waiting period is not the same as the probationary period (Probezeit); protection begins after six months even if no probation was agreed
- Special protection (besonderer Kündigungsschutz) covers, among others, pregnant employees and mothers, employees on parental leave (Elternzeit), severely disabled people, and works council (Betriebsrat) members; here official approval is often required
- Even where protection applies, a termination is possible if a recognised reason exists and the procedure, such as consulting the works council, is followed
FAQ
When do I have dismissal protection?
General protection applies after more than six months at the same workplace and only where it usually employs more than ten people. Both must be met together.
Does protection apply in small companies?
In small businesses (Kleinbetrieb) with ten or fewer employees, the KSchG does not apply. General limits remain, such as the ban on terminations that breach good faith or public policy, plus special protection for certain groups.
Is probation the same as no dismissal protection?
Not quite. During probation (Probezeit) a shorter two-week notice period applies. General dismissal protection, however, begins only after six months regardless, a common misconception.
Who has special protection?
Among others: pregnant employees and women up to four months after childbirth, employees on parental leave (Elternzeit), severely disabled people, and works council (Betriebsrat) members. Terminations here are limited and often require official approval.
Reviewed by: Legal Team, Leapsome · Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
