Step 1: Understand Your Legal Position

In Berlin, as in the rest of Germany, employment termination is governed by strict legal rules. A dismissal is only valid if it is delivered in writing with a handwritten signature. Emails or verbal notifications are not legally binding. If you’ve been employed for more than six months and your company has more than ten employees, you are protected under the Dismissal Protection Act (Kündigungsschutzgesetz). That means the employer must have a justified reason to terminate the employment, such as serious misconduct, long-term inability to work, or business-related downsizing. Without a valid reason, a dismissal can be contested and overturned in court.

Step 2: Respect the Notice Period and Process

The length of the notice period depends on how long you’ve worked for the company. The legal minimum is four weeks to either the 15th or the end of a calendar month. For longer employment durations, the notice period can increase up to seven months. Employers must observe these timelines, unless your contract or a collective agreement provides for longer periods.

The termination must be formally communicated—ideally handed over in person or sent by registered mail to ensure proof of delivery. If the company has a works council (Betriebsrat), it must be informed in advance. While the works council cannot block the dismissal, failure to involve it can make the termination invalid.

Step 3: Notify the Employment Agency Immediately

Once you receive your termination notice, you must register as a job seeker with the Agentur für Arbeit. This should happen at least three months before the end of your employment. If you receive shorter notice, you must register within three calendar days. Missing this deadline could result in a temporary suspension of unemployment benefits (Sperrzeit). You can register in person or online, but the timing is crucial to protect your entitlement.

Step 4: Decide Whether to Challenge the Dismissal

You have the right to challenge the termination in court by filing a Kündigungsschutzklage (dismissal protection lawsuit) at the Berlin Labour Court. This must be done within three weeks of receiving the notice. If you don’t act within this period, the dismissal becomes legally valid, even if it was unlawful. Many disputes are resolved through settlements, where the employer agrees to pay severance, typically around half a month’s salary per year of employment. Legal advice is strongly recommended during this process.

Step 5: Finalize the Termination Legally and Financially

After the termination is effective, the employer is required to pay out any remaining salary and compensation for unused vacation days. You also have the right to request a qualified reference letter (Arbeitszeugnis), which many future employers will expect. In some cases, the employer may propose a mutual termination agreement (Aufhebungsvertrag), but you should be cautious: signing this could delay or reduce your unemployment benefits. Always consult a lawyer before signing anything that ends your employment early.