Aufhebungsvertrag — the termination agreement
Germany’s mutual termination agreement explained in English: differences from a dismissal, severance from 0.5 salaries per year, the 12-week benefit suspension and the clauses to check before signing.
Received a termination notice (Kündigung)? Your employer owes you wages, issued a warning or offers a termination agreement? We handle German employment law matters in English — from first assessment to representation before labour courts across Germany.
From the day the notice is delivered you generally have 3 weeks (21 days) to file an unfair dismissal claim (sec. 4 KSchG). After the deadline the dismissal becomes effective almost without exception — even if it was defective.
The calculator is for orientation only and does not replace legal advice. If the deadline falls on a Saturday, Sunday or public holiday it shifts to the next working day (sec. 193 BGB) — the calculator does not account for public holidays, so we always verify the exact deadline individually.
In dismissal cases every day counts. Pick an available time slot for a first consultation — online or by phone.
Clicking loads content from Calendly LLC (USA). Calendly’s privacy policy applies.
Five questions about your situation — with a first assessment and next step at the end.
The quiz gives a first orientation and does not replace legal advice — the outcome depends on details we assess individually.
The 21-day deadline runs from this date. Keep the envelope and note when the letter reached you.
The notice must be on paper with a handwritten signature (sec. 623 BGB). Notice by e-mail, text message or messenger is invalid.
Full protection generally applies if the business employs more than 10 people and you have been employed for more than 6 months.
Pregnancy and parental leave, recognised disability, works council membership — here a dismissal needs additional approvals and is often contestable.
We prepare and file the unfair dismissal claim. This opens the way to reinstatement or — more often — severance negotiations.
Usually a few weeks after filing, the court attempts a settlement. A large share of cases ends here — with severance or a good agreement.
Without a settlement the court examines the dismissal. The burden of proving the reasons lies largely with the employer.
German law does not provide for automatic severance. It usually results from a court settlement — the employer “buys” certainty that the separation is final. The rule of thumb is half a gross monthly salary per year of service (cf. sec. 1a KSchG). The real amount depends on the strength of your case: the weaker the grounds, the more can be negotiated.
You know the costs up front. We assess your case and state the costs before you instruct us. In the first instance before the labour court each party pays its own lawyer regardless of the outcome (sec. 12a ArbGG) — we factor this into strategy and severance calculation.
On lower incomes we help you obtain state legal aid (Prozesskostenhilfe). If you have legal expenses insurance, it usually covers disputes with your employer — we check your policy for you.
Responding to unjustified warnings before they become grounds for dismissal.
Do not sign immediately — an ill-considered agreement can trigger a benefits waiting period (Sperrzeit).
In Germany the reference wording matters greatly — we enforce corrections of downgraded assessments.
Demand letters and claims for salary, overtime and allowances — including against temp agencies. Employer challenging your sick note and withholding sick pay? See when a sick note can be challenged.
Immediate dismissal requires good cause — we check whether it exists and protect your claims.
A1 certificates, minimum wage and working conditions for work in Germany.
Lawyer fees in Germany depend on the value in dispute (RVG statute). Enter the amount at stake to see estimated first-instance costs.
Estimates based on statutory fee tables (1.3 proceedings fee + 1.2 hearing fee + expenses and VAT). Note: before the labour court each party pays its own lawyer in the first instance (sec. 12a ArbGG). Actual costs depend on how the case unfolds — you always receive a precise quote before instructing us. Statutory rates are subject to change.
What to check on the day of delivery, which mistakes to avoid and which documents to secure.
Exceptionally yes — the court may admit a late claim (sec. 5 KSchG), for example if through no fault of your own you learned of the dismissal late. These exceptions are interpreted narrowly — contact us immediately.
No. Termination requires written form with a handwritten signature (sec. 623 BGB). But stay alert: the employer may later serve a formally valid notice.
Not immediately. A termination agreement can reduce your claims and trigger a benefits waiting period (Sperrzeit). Send us the draft before signing — we will check whether the offer is fair.
In the first instance each party pays its own lawyer regardless of the outcome (sec. 12a ArbGG). On lower incomes state legal aid helps, and legal expenses insurance usually covers employment disputes.
In practice the claim is the main route to severance. An employer who risks losing usually offers a settlement — and the weaker the grounds for dismissal, the higher the negotiable amount.
A production worker received notice and a first “settlement” offer from the employer. We filed the claim within the 21-day deadline — the case ended in a court settlement.
Germany’s mutual termination agreement explained in English: differences from a dismissal, severance from 0.5 salaries per year, the 12-week benefit suspension and the clauses to check before signing.
The basic period, the seniority extension and probation under sec. 622 BGB. Why years before age 25 count, why an e-mail is not enough and which two deadlines follow.
When the duty arises, what a court-proof invitation contains, how to document the process and how to close a BEM when the employee goes silent. Guide with checklist.
Send us the notice or describe your situation. We will tell you your chances, the costs and the next steps — clearly and quickly.
You are currently viewing a placeholder content from Instagram. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Google Maps. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Google Maps. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Vimeo. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from YouTube. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Instagram. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More Information