When the German Dismissal Protection Act applies

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The Act’s scope depends on length of service, establishment size and the relevant transitional rules. The usual post-2003 threshold is more than ten employees, with statutory weighting for part-time staff and exclusion of trainees from the count.

What needs checking

Distinguish the substantive protection against socially unjustified dismissal from procedural rules that continue to apply more widely. Check special protection for pregnancy, parental leave, severe disability and employee representatives separately.

Practical next steps

A group-wide total is not automatically the correct headcount. Map the relevant establishment and working arrangements before drawing conclusions from a payroll report.

Prepare for the review

Send the relevant contract or policy, a short chronology, the correspondence and any document showing a deadline. Explain the outcome you need and any steps already taken.

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Updated: 8 November 2026.