Extraordinary dismissal: when it is permitted and which deadlines apply

What is an extraordinary dismissal?

An extraordinary dismissal is a dismissal for good cause. It ends a contract before the ordinary notice period expires or before the agreed end, because one side cannot reasonably be expected to wait (Sec. 626 (1) BGB).

Unlike an ordinary dismissal, it always requires good cause, for employers and employees, landlords and tenants alike. In employment law, it is also bound to its own deadline for giving notice: 2 weeks from learning of the reason (Sec. 626 (2) BGB). For residential tenancies, there is no fixed deadline (Federal Court of Justice (Bundesgerichtshof, BGH), judgment of 13 July 2016, VIII ZR 296/15).

Usually it is the employer who dismisses extraordinarily, for example after a theft or an assault. You as an employee can also do so if you cannot reasonably be expected to wait for the notice period. Typical reasons on both sides are shown in our guide on summary dismissal. A special right of termination (Sonderkündigungsrecht), for example after a rent increase, is something different (see below).

Extraordinary, without notice, with a run-off period: the forms at a glance

"Extraordinary" and "without notice" are often used interchangeably. However, summary dismissal is only the most common form of extraordinary dismissal.

Form	When does the contract end?	Typical case	Legal basis
Ordinary dismissal	when the notice period expires	job cuts, the employee's own resignation	Sec. 622 BGB, KSchG
Extraordinary dismissal without notice	on receipt of the dismissal	serious breach of duty, such as theft or assault	Sec. 626 BGB
Extraordinary dismissal with a mandatory run-off period	after a period as long as the ordinary notice period	the employee cannot be dismissed with ordinary notice, for example under a collective agreement	Sec. 626 BGB, case law of the BAG
Extraordinary dismissal with a voluntary run-off period	on the date chosen by the person giving notice	the employer grants a short period to hand over the work	Sec. 626 BGB

How ordinary and extraordinary dismissal differ in terms of reason, formal warning and severance is explained in detail in our guide on ordinary dismissal.

Where is extraordinary dismissal governed? Sec. 626 BGB and Sec. 314 BGB

Sec. 626 BGB applies to employment contracts and other service contracts, so also to freelancers and managing directors with a service contract. Sec. 314 BGB applies to other continuing contracts; some contracts have their own rules.

Contract	Provision	Special feature
Employment contract, service contract	Sec. 626 BGB	2 weeks from knowledge (Sec. 626 (2) BGB)
Services of a higher kind based on special trust without fixed remuneration, for example consultants	Sec. 627 BGB	notice at any time, even without good cause; not at an inopportune time by the service provider
Vocational training after probation	Sec. 22 (2) no. 1, (3), (4) BBiG	reason must be stated in the letter; 2 weeks from knowledge
Tenancy agreement	Sec. 543, 569 BGB	statutory examples, such as rent arrears; for residential space, reason stated in the letter (Sec. 569 (4) BGB)
Other continuing contracts, for example subscriptions, gym, maintenance	Sec. 314 BGB	for a breach of duty, first a deadline to remedy or a formal warning; notice within a reasonable period

The Protection Against Dismissal Act (Kündigungsschutzgesetz, KSchG) leaves the right to extraordinary dismissal unaffected, but governs how you defend yourself against it (Sec. 13 (1) KSchG). For employments, Sec. 626 BGB takes precedence over Sec. 314 BGB.

Requirements under Sec. 626 BGB: good cause

Good cause exists if, after weighing up all circumstances and the interests of both sides, the person giving notice cannot reasonably be expected to continue the employment until the notice period expires or until the agreed end (Sec. 626 (1) BGB). There is no fixed list of reasons. The labour courts examine this in two stages (Federal Labour Court (BAG), judgment of 16 July 2015, 2 AZR 85/15).

Stage 1: Are the facts good cause "in themselves"?

The first question is whether the events are typically capable of justifying an extraordinary dismissal, for example criminal offences against the employer, working time fraud or assault. Typical cases with their classification are shown in our guide on summary dismissal.

The reason does not have to be misconduct. Circumstances relating to the person or the business can also be sufficient in exceptional cases, above all for employees who cannot be dismissed with ordinary notice (see the section on the run-off period). Illness can be good cause; as a rule, however, the employer can reasonably be expected to observe the notice period (BAG, judgment of 25 April 2018, 2 AZR 6/18). More in our guide on dismissal due to illness.

Stage 2: Balancing of interests and less drastic measures

In the second step, the court examines whether continuing until the end of the notice period is unreasonable in the specific case. Relevant factors include, for example:

• the seriousness and consequences of the breach of duty, such as damage to the business,
• the degree of fault and a risk of repetition,
• the length of service and whether it has so far been free of complaints,
• whether a less drastic measure would have been sufficient: a formal warning, a transfer, a dismissal with new terms or an ordinary dismissal.

The extraordinary dismissal is the last resort. For conduct the employee can control, a formal warning (Abmahnung) must therefore usually come first, unless the breach is so serious that it was obviously out of the question for it to be tolerated. More on this in our guide on formal warnings at work.

Who has to prove the reason? The person giving notice, so in court usually the employer (BAG, judgment of 16 July 2015, 2 AZR 85/15). What counts are the circumstances at the time the dismissal is received.

The 2-week deadline under Sec. 626 (2) BGB

An extraordinary dismissal can only be given within 2 weeks. The deadline begins as soon as the person entitled to dismiss learns of the relevant facts (Sec. 626 (2) sentences 1 and 2 BGB). It applies to both sides.

• The person entitled to dismiss is whoever may give notice in the company, such as the owner, managing director or head of HR. The fact that a team leader knows of the incident does not usually start the deadline (BAG, judgment of 16 July 2015, 2 AZR 85/15).
• Knowledge exists when the facts are essentially known. If the employer is still investigating, for example by hearing the person concerned in the case of a suspicion, the deadline only begins afterwards (BAG, 2 AZR 678/19). The investigations must proceed swiftly; for the hearing, a period of no more than one week usually applies (BAG, judgment of 16 July 2015, 2 AZR 85/15).
• Receipt: The dismissal must reach the dismissed person by the last day of the deadline. Sending it is not enough.

How to calculate: The day of knowledge does not count (Sec. 187 (1) BGB). The deadline ends on the same weekday two weeks later (Sec. 188 (2) BGB). If that day falls on a Saturday, Sunday or public holiday, it ends on the next working day (Sec. 193 BGB).

Event	Date	Provision
The managing director learns of the incident in the evening	Monday, 9 November 2026	start of the deadline, the day does not count (Sec. 187 (1) BGB)
The dismissal reaches the employee	Thursday, 12 November 2026	receipt (Sec. 130 (1) BGB)
Last day on which the dismissal may be received	Monday, 23 November 2026	Sec. 626 (2) BGB, Sec. 188 (2) BGB
Last day for the unfair dismissal claim	Thursday, 3 December 2026	Sec. 4 sentence 1, Sec. 13 (1) sentence 2 KSchG

If the deadline is missed, the extraordinary dismissal based on this reason is invalid. An ordinary dismissal remains possible if its requirements are met.

Special cases with their own deadlines

Case	What applies	Provision
Business with a works council	consultation before every dismissal; the works council must state any concerns in writing within 3 days at the latest. This does not extend the 2-week deadline	Sec. 102 (1), (2) sentence 3 BetrVG
Works council member, electoral board, election candidate	only extraordinary, with the consent of the works council or a decision of the labour court replacing it; exception: closure of the business (Sec. 15 (4), (5) KSchG)	Sec. 15 KSchG, Sec. 103 BetrVG
Severely disabled persons and persons with equivalent status	application to the Integration Office (Integrationsamt) within 2 weeks from knowledge; if there is no decision within 2 weeks, consent is deemed granted; then give notice without delay, even after the deadline of Sec. 626 (2) BGB has expired	Sec. 174 (2), (3), (5) SGB IX
Pregnant employees and mothers after childbirth	dismissal not permitted, unless the state authority declares it admissible in exceptional cases; reason must be stated in the letter	Sec. 17 MuSchG
Trainees after probation	reason must be stated in the letter; invalid if the facts have been known for more than 2 weeks; a conciliation procedure suspends the deadline	Sec. 22 (2) to (4) BBiG

Extraordinary dismissal with a run-off period: when ordinary notice is no longer possible

The employer can no longer dismiss some employees with ordinary notice, above all where they are protected from dismissal by a collective agreement after long employment (Sec. 34 (2) TVöD and TV-L; more in our guide on notice periods under the TVöD). Fixed-term contracts can only be terminated with ordinary notice if this has been agreed (Sec. 15 (4) TzBfG). In that case, only extraordinary dismissal remains.

However, an employee with special protection should not be worse off than a colleague without it. The Federal Labour Court resolves this as follows (BAG, judgments of 25 April 2018, 2 AZR 6/18, and 22 October 2015, 2 AZR 381/14):

• Facts that would only justify an ordinary dismissal for other employees can be good cause for employees who cannot be dismissed with ordinary notice, precisely because of the very long commitment.
• The employer must then observe a run-off period that corresponds to the notice period that would apply without the exclusion. This is referred to as a mandatory or social run-off period.
• The dismissal remains the last resort.

Examples from the case law of the BAG: a prison sentence of several years that keeps the employee away from the business permanently (2 AZR 381/14), and frequent short illnesses if the employer will probably have to continue paying wages for more than a third of the annual working days (2 AZR 6/18, for the TV-L). The complete loss of the job, for example on the closure of a business, can also justify an extraordinary dismissal with a run-off period.

At the Integration Office, deemed consent after 2 weeks also applies here (BAG, 2 AZR 381/14, on the predecessor provision Sec. 91 (3) sentence 2 SGB IX; today Sec. 174 (3) sentence 2 SGB IX).

Voluntary run-off period: If the employer grants a run-off period although it could dismiss without notice, for example to hand over the work, the letter must make it unambiguously clear that it is an extraordinary dismissal and not an ordinary one with the wrong period.

Form and procedure of an extraordinary dismissal

Written form: In an employment, the dismissal must be on paper and signed by hand (Sec. 623 BGB); by email or messenger it is invalid. Notice of termination of a tenancy also requires written form (Sec. 568 (1) BGB); there, however, electronic form with a qualified electronic signature is not excluded (Sec. 126 (3), Sec. 126a BGB), and a simple email is not enough.

Reason in the letter? In an employment contract, as a rule, no. However, the dismissed person can demand to be informed of the reason in writing without delay (Sec. 626 (2) sentence 3 BGB); the validity does not depend on this. The reason must be stated in the letter for trainees after probation (Sec. 22 (3) BBiG), for pregnant employees (Sec. 17 (2) sentence 2 MuSchG) and for residential tenancies (Sec. 569 (4) BGB).

Alternatively with notice, and reinterpretation: Employers often dismiss extraordinarily and at the same time "alternatively" with ordinary notice. If this addition is missing, a court may in some cases reinterpret an invalid extraordinary dismissal as an ordinary one (Sec. 140 BGB). What this means for your claim is explained in our guide on summary dismissal.

Checks for employers before giving notice:

Before you give notice, an employment lawyer advises you, in writing within 24 hours, €169 fixed price, including VAT.

Dismissed extraordinarily: how to defend yourself

The only remedy against an extraordinary dismissal by the employer is an unfair dismissal claim (Kündigungsschutzklage), within 3 weeks of receipt (Sec. 4 sentence 1, Sec. 13 (1) sentence 2 KSchG), even in a small business and in the first 6 months (Sec. 23 (1) sentences 2 and 3 KSchG). After that, the dismissal is deemed valid from the outset (Sec. 7 KSchG). If it requires the consent of an authority, the deadline only runs from the date on which the decision is notified to you (Sec. 4 sentence 4 KSchG). How to calculate it is shown in our guide on the deadline for an unfair dismissal claim.

Severance through an application for dissolution: If the extraordinary dismissal is unfounded but you cannot reasonably be expected to continue, the court can, on your application, dissolve the employment with effect from the time of dismissal and order the employer to pay severance (Sec. 13 (1) sentences 3 and 4 KSchG), as a rule up to 12 monthly earnings (Sec. 13 (1) sentence 5, Sec. 10 KSchG). This application (Auflösungsantrag) is not available in a small business (Sec. 23 (1) sentence 2 KSchG). Many proceedings end earlier with a settlement.

Note the day of receipt, ask for the reason for dismissal in writing (Sec. 626 (2) sentence 3 BGB), check whether the incident had already been known for more than 2 weeks, and do not sign anything. What applies to salary, holiday, benefit suspension and registering as unemployed is explained in our guide on summary dismissal, and the procedure in court in our guide on the unfair dismissal claim.

Extraordinary termination outside employment law

Tenancy agreement: Sec. 543 and 569 BGB

Each party to the contract can terminate the tenancy extraordinarily without notice for good cause (Sec. 543 (1) BGB). Statutory examples are the withdrawal of use, a significant endangerment of the flat and rent arrears of a certain amount (Sec. 543 (2) BGB), and for residential space also a health risk, persistent disturbance of the peace in the building and late payment of the deposit (Sec. 569 BGB). For breaches of duty, a deadline to remedy or a formal warning is usually required first, but not for rent arrears (Sec. 543 (3) BGB). Everything on rent arrears and the grace period is in our guide on summary termination of a tenancy, and the normal periods in our guide on the notice period for a rented flat. Tenants and landlords are advised by a tenancy lawyer, €169 fixed price, including VAT.

Service contract: freelancers, consultants, managing directors

Sec. 626 BGB applies to every service relationship. Freelancers and managing directors with a service contract can therefore also only be dismissed without notice for good cause and within 2 weeks. For services of a higher kind based on special trust, without fixed remuneration, for example for consultants, it is even possible without good cause (Sec. 627 (1) BGB). Anyone who causes the termination through conduct in breach of contract owes damages (Sec. 628 (2) BGB). More in our guide on the contract for services.

Other continuing contracts: Sec. 314 BGB

Sec. 314 BGB applies to continuing contracts without a rule of their own, for example subscriptions, maintenance, gym or supply contracts. Like Sec. 626 BGB, it requires good cause and a balancing of the interests of both sides (Sec. 314 (1) BGB). Two differences:

• If the reason lies in a breach of duty, you usually have to set a deadline to remedy it or issue a formal warning first (Sec. 314 (2) BGB).
• Instead of a fixed 2 weeks, a reasonable period from knowledge of the reason applies (Sec. 314 (3) BGB). How long it is depends on the individual case.

Insurance contracts follow their own rules in the Insurance Contract Act (Versicherungsvertragsgesetz).

A special right of termination is not the same

A special right of termination allows you to give notice early when a particular event occurs, without having to prove good cause. The law itself calls some of these rights "extraordinary", but they have their own periods. Examples:

• Rent increase: After an increase up to the comparative rent or because of modernisation (Sec. 558, 559 BGB), the tenant can give notice until the end of the second month after receipt of the increase, with effect from the end of the month after next; the increase then does not take effect (Sec. 561 (1) BGB). More in our guide on rent increases.
• Moving house with an internet or telephone contract: If the provider does not offer the service at your new place of residence, you can give notice with a period of one month (Sec. 60 (2) TKG).
• Property loan with a fixed interest rate: notice at the earliest 6 months after full disbursement, with a period of 3 months, if there is a legitimate interest, for example on a sale, against an early repayment charge (Sec. 490 (2), Sec. 488 (3) sentence 2 BGB).

Moving house alone is usually not good cause. You then terminate employment and tenancy agreements with ordinary notice. For a gym contract, the Federal Court of Justice has in principle not recognised a move as good cause, because it lies within the customer's sphere (BGH, judgment of 4 May 2016, XII ZR 62/15).