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Dismissal in a small business: not defenseless even without dismissal protection

In small businesses with generally up to ten employees, the Protection Against Dismissal Act does not apply, so the employer does not need a socially justified reason. But you are not defenseless: a dismissal must not be discriminatory, immoral or in bad faith, and special protection (e.g. pregnancy) continues to apply.

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Without the Protection Against Dismissal Act, the employer in a small business does not need a special reason. However, the dismissal must not violate the prohibition of discrimination (AGG), good faith or public morals.
Special protection against dismissal also applies in small businesses: in cases of pregnancy/maternity protection, parental leave and for severely disabled people, a dismissal is only possible with official approval.

What you should do now

  1. 1

    1. Check the company size

    Count the regularly employed staff (part-time proportionally). If the business is above the threshold, the Protection Against Dismissal Act does apply after all.

  2. 2

    2. Check special protection

    Are there pregnancy, parental leave or severe disability? Then the dismissal is invalid without official approval.

  3. 3

    3. Watch for bad faith

    Was the dismissal issued for reprehensible motives (discrimination, retaliation)? That makes the dismissal contestable.

  4. 4

    4. Meet the 3-week deadline

    The 3-week deadline for filing a claim also applies in a small business. Have the prospects of success checked promptly.

How to spot the scam

  • The dismissal comes shortly after you asserted rights (retaliation).
  • There are signs of discrimination (age, origin, gender, disability).
  • The business in fact has more employees than assumed.

Frequently asked questions

Does no dismissal protection at all apply in a small business?

The general Protection Against Dismissal Act only applies above the threshold (generally more than ten employees). In a small business the employer does not need a socially justified reason, but the dismissal must not be in bad faith, immoral or discriminatory.

How do I count the employees?

What matters is the regularly employed staff; part-time workers are counted proportionally, trainees usually not. If the business is just above the limit, full dismissal protection does apply.

Do I also have to file a claim within three weeks here?

Yes. If you want to assert invalidity (e.g. due to discrimination or special protection), you must file a claim within three weeks of receipt. Have the situation checked quickly.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.