Employment Lawyer Germany: How to Choose and What to Expect

What to expect when you hire an employment lawyer in Germany

Expect your lawyer to start with the calendar. Under section 4 of the Protection Against Dismissal Act (Kündigungsschutzgesetz, KSchG), an employee who says a dismissal is socially unjustified or invalid for any other reason must file a claim with the Arbeitsgericht (Labour Court) within three weeks of receiving the written notice. Miss it and, under section 7, the dismissal is treated as valid from the start; late filing is allowed only in narrow cases.

The deadline applies even in small businesses, but the requirement that a dismissal be socially justified applies only after six months' service and generally only in establishments with more than ten employees. The lawyer will also check the form: under section 623 of the Civil Code (BGB), a dismissal or termination agreement must be in written form, and electronic form is excluded, so a notice sent by email, text message or messaging app is not valid.

Where the workplace has a works council (Betriebsrat), the lawyer checks whether it was consulted. Section 102 of the Works Constitution Act (BetrVG) requires the employer to hear the works council before every dismissal and give its reasons; a dismissal made without that hearing is invalid. Statutory notice periods under section 622 BGB rise from four weeks to seven months with service.

Dismissal cases get priority: the first conciliation hearing (Güteverhandlung) should take place within two weeks of filing, and many cases settle there.

Who does what: Fachanwalt, Rechtsanwalt, union and works council

You can run a first-instance case yourself, but only a lawyer or a union or employers' association representative may act for you on appeal. A Fachanwalt für Arbeitsrecht (specialist employment lawyer) has proven extra training and experience to the bar.

Adviser	Typical role	Where they can act
Fachanwalt für Arbeitsrecht	Dismissal claims, severance and settlement negotiation, contracts, works council matters	All labour courts, from the Arbeitsgericht to the Federal Labour Court (BAG) in Erfurt
Rechtsanwalt	Same powers, without the certified specialism	All labour courts
Trade union legal service	Representation of union members in employment disputes	Labour courts, including on appeal
Works council (Betriebsrat)	Must be heard before any dismissal; can object to an ordinary dismissal within one week	Inside the business, not in court for you

The Federal Bar (BRAK) explains that the Fachanwalt title requires at least three years' admission and practice within the last six years, a course of at least 120 hours with at least three written exams, and cases handled personally in the field.

How to choose an employment lawyer in Germany

Start with the side you are on, then check specialism, language and how the lawyer charges:

• Employee or employer side. Many firms act mainly for one side; ask which, and check for conflicts.
• Specialism. Ask whether the person handling your case is a Fachanwalt für Arbeitsrecht.
• Language. Proceedings are in German; if you need an English-speaking employment lawyer, confirm who explains the court's proposals to you.
• Location. The claim goes to a local Arbeitsgericht, so a lawyer used to that court helps.
• Cross-border issues. For international staff, ask about the contract's governing law and any residence permit linked to the job; our immigration and citizenship directory lists advisers for the visa side.

Severance, settlement agreements and unemployment benefit

German law gives no general right to severance (Abfindung). There are two statutory routes. Under section 1a KSchG, an employer that dismisses for operational reasons can state in the notice that the employee will receive 0.5 monthly earnings for each year of service if they let the three-week deadline pass. And under sections 9 and 10, a court that finds a dismissal invalid but continued employment unreasonable can end the employment and award up to 12 monthly earnings, rising to 15 or 18 for older, long-serving staff. In practice most severance is negotiated, and the 0.5 formula is a reference point, not an entitlement.

Be careful before you sign an Aufhebungsvertrag. The Federal Employment Agency (Bundesagentur für Arbeit) says unemployment benefit can be withheld for up to 12 weeks (a Sperrzeit) where you resigned, were dismissed for misconduct, or signed a termination agreement and received severance, among other cases. Benefit can also be paused if the notice period was cut short (section 158 of the Social Code Book III), and under section 38 you must register with the agency as a job seeker at least three months before the job ends, or within three days of learning of the end date if that is later.

Employment lawyer fees in Germany and who pays

The single most important cost rule is in section 12a of the Labour Courts Act (ArbGG): at first instance, the winning side cannot recover its lawyer's fees from the loser, and the lawyer must tell you this before you sign the engagement. So each side bears its own lawyer, win or lose. Statutory fees are set by the Lawyers' Remuneration Act (RVG), although many lawyers agree hourly rates in writing instead.

Item	Official rule or fee
First consultation, consumer, no fee agreement	Capped at EUR 190 (other advice EUR 250), section 34 RVG; VAT is added
Value of a dismissal claim	At most three months' pay; severance is not added, section 42(2) GKG
One full lawyer's fee at a EUR 15,000 value (pay of EUR 5,000 a month)	EUR 762, RVG fee table as amended in 2025
Typical first-instance fees at that value: procedure 1.3, hearing 1.2, settlement 1.0	EUR 990.60 + EUR 914.40 + EUR 762 = EUR 2,667, plus expenses and 19% VAT
Court fee, first instance	2.0 fee units, no advance payment required, and it falls away entirely if the case ends in a court settlement, GKG cost schedule
Who pays lawyers at first instance	Each side its own, ArbGG section 12a

Legal expenses insurance (Rechtsschutzversicherung), union membership or legal aid (Prozesskostenhilfe) can reduce the bill. For the UK approach, see our guide to responding to an employment tribunal claim.

Questions to ask before you instruct a lawyer

1. When exactly does my three-week deadline expire, and will you file before it?
2. Do I fall under the Protection Against Dismissal Act, given my length of service and the size of the business?
3. Was the works council heard, and was the notice in valid written form?
4. What severance range is realistic, and how does a settlement affect my unemployment benefit?
5. Will you charge RVG fees or an hourly rate, and will my legal expenses insurance cover it?
6. Are you a Fachanwalt für Arbeitsrecht, and do you usually act for employees or employers?

Red flags when hiring an employment lawyer in Germany

• Relaxed about the deadline. Any suggestion that the three weeks can wait.
• Promised severance figures. No honest lawyer can guarantee a payout or a multiple of salary.
• Silence on costs. Failure to explain, before you sign, that you bear your own first-instance fees.
• Pressure to sign. Advice to sign a termination agreement without checking benefit consequences.
• Unverifiable credentials. A claimed specialist title that the regional bar (Rechtsanwaltskammer) register does not show.

When to instruct a local lawyer in Germany

Employees should instruct a lawyer the day a written notice arrives, before signing any termination agreement, and before resigning. Employers should take advice before giving notice: the works council hearing, special protection for pregnant employees, severely disabled employees (who need prior approval from the Integrationsamt) and works council members, and the duty to notify the Agentur für Arbeit of larger redundancies under section 17 KSchG all have to be handled in the right order. Employers with UK staff may also need our Employment Rights Act 2025 checklist and our EU pay transparency tracker; for inventions, see our guide to a patent attorney in Germany.

Browse our employment and labour lawyers in Germany, see all advisers in Germany, consider dispute resolution lawyers in Germany for wider commercial claims, or compare the employment and labour directory across 150+ jurisdictions. Tell us about your situation, use the form below and we will put you in touch with a member.

Frequently asked questions

How long do I have to challenge a dismissal in Germany?

Three weeks from receiving the written notice, under section 4 KSchG. After that, the dismissal is treated as valid from the start, even if it had defects.

Is severance pay mandatory in Germany?

No. An employer dismissing for operational reasons can offer 0.5 monthly earnings per year of service under section 1a KSchG, and a court ending the employment can award up to 12 monthly earnings (15 to 18 for older long-serving staff). Most severance is negotiated.

Who pays the lawyer in a German labour court case?

At first instance, each side pays its own lawyer, whoever wins, under section 12a ArbGG. The court fee falls away if the case ends in a court settlement.

Can my employer dismiss me by email in Germany?

No. Section 623 BGB requires a dismissal or termination agreement to be in written form and excludes electronic form, so notice by email or messaging app is invalid.

Will signing a termination agreement affect my unemployment benefit?

It can. The Federal Employment Agency says benefit can be blocked for up to 12 weeks if you signed a termination agreement and received severance. Take advice before you sign.

How much does an employment lawyer cost in Germany?

A consumer's first consultation without a fee agreement is capped at EUR 190 plus VAT. At EUR 5,000 monthly pay, statutory first-instance fees ending in a settlement are about EUR 2,667 before expenses and VAT.

Sources

1. Kündigungsschutzgesetz (KSchG), Protection Against Dismissal Act
2. Bürgerliches Gesetzbuch, section 623: written form for termination
3. Betriebsverfassungsgesetz, section 102: works council consultation on dismissals
4. Arbeitsgerichtsgesetz, section 12a: costs in labour court proceedings
5. Gerichtskostengesetz, section 42: value of employment disputes
6. Gerichtskostengesetz, Annex 1: court fee schedule (Part 8, labour courts)
7. Rechtsanwaltsvergütungsgesetz, Annex 2: lawyers' fee table
8. Rechtsanwaltsvergütungsgesetz, section 34: advice and first consultation fees
9. Bundesagentur für Arbeit: Arbeitslosengeld, entitlement, amount, duration and Sperrzeit
10. Bundesrechtsanwaltskammer: Fachanwaltsausbildung

About this article

This guide was researched and written by The Corporate INTL Newsroom, which covers cross-border legal, regulatory and business developments for lawyers, professional advisers and financiers in over 150 jurisdictions. It has been checked against German federal legislation, the official court and lawyers' fee schedules, the Federal Employment Agency and the Federal Bar. This article is general information, not legal advice; for advice on a specific matter, consult a qualified adviser. Last reviewed 12 November 2026. For more analysis like this, visit the Corporate INTL newsroom or subscribe to Corporate INTL.