Operational, personal and conduct-related grounds follow different tests. Evidence, proportionality and less intrusive alternatives are central to a defensible assessment.
Planning a lawful departure
Review the contract, service history, establishment size and intended termination date. General dismissal protection and special protection are separate questions. Short service does not automatically remove protections linked to pregnancy, disability or representative office. Several planned departures may also trigger collective procedures.
Work backwards from the required implementation date. Necessary consultation and authority approval must occur in the correct sequence. Document grounds, alternatives and receipt of communications. German dismissals and termination agreements are subject to statutory form requirements. A dismissal challenge generally needs to be filed within three weeks of receipt of written notice.
Documents and practical implementation
A departure arrangement should address salary, variable remuneration, holiday, release from duties, references and return of property. Tax and social security consequences require their own review. Gather all contract amendments, recent payslips, relevant correspondence and evidence of receipt. Other contractual exclusion periods may run independently of dismissal proceedings.
Four practical examples
These illustrative situations highlight the issues to examine. The outcome depends on the agreement and the facts that can be established.
Example 1
A role is removed in a reorganisation. Review the decision, alternative jobs and any required selection.
Example 2
Performance is persistently below expectations. Distinguish ability, conduct and the evidence needed.
Example 3
Repeated misconduct follows a warning. Check comparability, seriousness and proportionality.
Example 4
Long absence disrupts operations. Assess prognosis, operational impact and available alternatives.
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Deutsch · Reviewed on 13 November 2026.