Step 1: the claim
Proceedings start with a claim filed at the labour court — for dismissals within 3 weeks of receipt. We file electronically, you do not have to travel anywhere.
Step 2: the conciliation hearing (Güteverhandlung)
A few weeks after filing, the court schedules a conciliation hearing before the presiding judge. Its goal is a settlement — statistically most dismissal cases end here, usually with a severance payment and an agreed reference. Good preparation of this hearing strongly influences the outcome.
Step 3: full hearing and judgment
Without a settlement the full chamber hears the case (a professional judge plus two lay judges from the employer and employee side), takes evidence and rules. The burden of proving the dismissal grounds lies largely with the employer.
Costs and duration
- first instance: each side bears its own lawyer fees regardless of the outcome (§ 12a ArbGG),
- court fees are moderate and are generally waived if you settle,
- legal aid (Prozesskostenhilfe) is available on low income,
- conciliation hearing: usually within a few weeks, first instance overall: usually several months.
Do you have to appear in person?
Not always — we represent you as counsel, and video participation is often possible. Where your presence is required, we prepare you and are at your side.