Summary dismissal: when it is valid and what you need to do now

What is a summary dismissal?

A summary dismissal is an extraordinary dismissal without a notice period. It takes effect from the moment it reaches the recipient. The legal basis is Sec. 626 BGB. It is intended for cases in which one side cannot reasonably be expected even to wait for the normal notice period.

Ordinary, extraordinary, without notice: the difference

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

Type	Notice period	Reason required	Typical case
Ordinary dismissal	statutory, contractual or collectively agreed period (Sec. 622 BGB)	only if the Protection Against Dismissal Act applies: personal, conduct-related or operational reason	job cuts, repeated breaches after a warning
Extraordinary dismissal without notice	none	good cause (Sec. 626 (1) BGB)	serious breach of duty, such as theft or assault
Extraordinary dismissal with a run-off period	period as for an ordinary dismissal	good cause	employees who can no longer be dismissed ordinarily, for example under a collective agreement

"Alternatively with notice": why this is almost always included

Many summary dismissals contain a second sentence: "Alternatively, we terminate the employment with notice at the next possible date." If the summary dismissal does not hold up in court, at least the ordinary dismissal should take effect. For you, this means: you must challenge both dismissals, otherwise the ordinary one may become effective. If this addition is missing, a court may in some cases reinterpret an invalid summary dismissal as an ordinary one (Sec. 140 BGB).

Requirements: when is a summary dismissal valid?

A summary dismissal is only valid if all of the following points are met.

1. Good cause: There must be facts that make continuing the employment until the end of the notice period unreasonable (Sec. 626 (1) BGB).
2. Balancing of interests: All circumstances of the individual case count, such as length of service, previous conduct, and the seriousness and consequences of the breach.
3. Formal warning: For conduct the employee can control, the employer usually has to issue a warning first. Without a warning, dismissal is only possible if the breach is so serious that anyone would realise it will not be tolerated, or if no improvement can be expected.
4. 2-week deadline: The dismissal must be received within 2 weeks after the person entitled to dismiss has learned of the relevant facts (Sec. 626 (2) BGB).
5. Written form: paper with a handwritten signature (Sec. 623 BGB). A summary dismissal by email or WhatsApp is invalid.
6. Works council: If there is one, it must be consulted beforehand (Sec. 102 (1) BetrVG).
7. Special protection against dismissal: For pregnant employees, the employer needs a declaration of admissibility from the competent authority (Sec. 17 (2) MuSchG); for severely disabled people, the consent of the Integration Office (Sec. 168 and 174 SGB IX); for works council members, the consent of the works council (Sec. 15 KSchG, Sec. 103 BetrVG).

The employer does not have to state the reason in the letter. If you ask for it, however, the employer must inform you of it in writing without delay (Sec. 626 (2) sentence 3 BGB).

Grounds for summary dismissal

There is no fixed list. Whether a particular conduct is enough is ultimately decided by the court in the individual case. The following overview shows how typical cases are usually classified.

Conduct	Classification	What matters
Theft or embezzlement at the employer's expense	may be sufficient even without a warning, even for small amounts	length of service, balancing of interests
Working time fraud, false expense claims	usually sufficient, often without a warning	intent, extent
Assault on colleagues or superiors	usually sufficient	seriousness, history
Sexual harassment	sufficient depending on seriousness, even without a warning	type and repetition
Gross insult	sufficient depending on seriousness, or only after a warning	wording, context, occasion
Announced ("I'll be sick then") or faked illness	may be sufficient	whether the announcement was meant as pressure, whether actually ill
Taking holiday without permission	may be sufficient	whether holiday was wrongly refused
Competing with the employer during employment	may be sufficient	extent, damage
Persistent refusal to work	usually only after a warning	whether the instruction was lawful
Lateness, unexcused absence	usually only after a warning, often only ordinary dismissal	frequency, duration
Private use of internet or phone	usually only after a warning	ban in the business, extent
Late sick notification or certificate	usually not sufficient	repetition despite a warning
Illness as such	usually not sufficient	at most ordinary dismissal for illness
Economic reasons, lack of orders	usually not sufficient	exception: employees who cannot be dismissed ordinarily, then with a run-off period

Dismissal on suspicion

Even a strong suspicion of a serious breach of duty can justify a summary dismissal, for example the suspicion of theft. The requirement is that the employer has done everything reasonable to clarify the facts and has heard you on the allegations beforehand. Without such a hearing, a dismissal on suspicion is regularly invalid.

What is not a reason

Neither side may dismiss because the other exercises its rights (Sec. 612a BGB). Anyone who claims pay, wants to set up a works council or complains about grievances must not be dismissed without notice for that. A one-off, minor mistake is generally not enough either.

Deadlines for summary dismissal: both sides at a glance

A summary dismissal has no notice period, but a number of other deadlines. They often matter more than the reason itself.

Who	Deadline	From when	Consequence if missed
Whoever wants to dismiss without notice (employer or employee)	2 weeks	knowledge of the relevant facts	summary dismissal invalid (Sec. 626 (2) BGB)
Works council (concerns about the summary dismissal)	without delay, at the latest 3 days (Sec. 102 (2) sentence 3 BetrVG)	notification by the employer	employer may then dismiss
Employer, for severely disabled employees	2 weeks for the application to the Integration Office	knowledge of the relevant facts	dismissal invalid (Sec. 174 (2), Sec. 168 SGB IX)
Dismissed employee: unfair dismissal claim	3 weeks	receipt of the dismissal	dismissal deemed valid (Sec. 7 KSchG)
Dismissed employee: register as a jobseeker	3 days	knowledge of the dismissal	1-week benefit suspension (Sec. 38 (1), Sec. 159 (1) sentence 2 no. 9, (6) SGB III)
Dismissed employee: register as unemployed	at the latest on the first day without work, i.e. immediately after a summary dismissal	end of employment	unemployment benefit only from registration (Sec. 137 (1) no. 2, Sec. 141 SGB III)
Recipient without an enclosed power of attorney	reject without delay, usually within one week	receipt	rejection excluded (Sec. 174 sentence 1 BGB)
Deadline for the claim missed through no fault	2 weeks for the application for late admission, at most 6 months	removal of the obstacle	dismissal remains valid (Sec. 5 (3) KSchG)

The employer's 2-week period only starts once the employer knows the facts reliably and as completely as possible. If the employer investigates promptly, for example by hearing the employee, the period does not yet run. The hearing must usually take place within one week for this.

When is a summary dismissal invalid?

This checklist helps you make an initial assessment. It does not replace a review of the individual case.

Every yes is a starting point. The 3-week deadline remains decisive: if you miss it, even a defective dismissal is deemed valid.

Dismissed without notice: what to do now

1. Do not sign anything. Neither a confirmation of receipt with additions nor a settlement receipt nor a termination agreement before your situation has been reviewed.
2. Note the receipt. Date, time, who handed it over. Keep the envelope.
3. Request the reason in writing. You are entitled to it under Sec. 626 (2) sentence 3 BGB.
4. Register as a jobseeker and as unemployed. With the employment agency, online or in person, ideally on the same day.
5. Have a claim reviewed. The unfair dismissal claim must reach the labour court within 3 weeks. How the procedure works is explained in our guide on the unfair dismissal claim.
6. Request documents. Employment certificate for the employment agency (Sec. 312 SGB III), reference (Sec. 109 GewO), last payslip.

Consequences: salary, holiday, unemployment benefit, severance

Salary

If the dismissal is valid, your entitlement to pay ends on the day of receipt. Up to then, the employer must settle everything, including pro-rata special payments where your contract provides for them. If the court finds that the dismissal was invalid, the employer must pay the salary for the interim period (Sec. 615 BGB). New earnings and unemployment benefit, for example, are then offset (Sec. 11 KSchG).

Holiday and reference

Holiday that you can no longer take because of the summary dismissal must be paid out by the employer (Sec. 7 (4) BUrlG). This also applies after a summary dismissal. How much you are entitled to is shown in our guide on remaining holiday on dismissal. You are also entitled to a reference (Sec. 109 GewO).

Suspension of unemployment benefit

If your misconduct gave cause for the dismissal and you thereby caused your unemployment intentionally or through gross negligence, the employment agency usually imposes a suspension of 12 weeks (Sec. 159 (1) sentence 2 no. 1, (3) SGB III). The benefit period is also shortened, by at least a quarter for a 12-week suspension (Sec. 148 (1) no. 4 SGB III). The agency examines the allegation itself. Success before the labour court or a settlement that turns the dismissal into an ordinary one without an allegation of misconduct can prevent the suspension.

Severance despite summary dismissal

There is no statutory right to severance pay. In practice, however, many unfair dismissal proceedings end with a settlement: the summary dismissal becomes an ordinary one, you receive a reference and often a severance payment. The more vulnerable the dismissal, the better your negotiating position. Usual amounts are shown in our guide on severance pay by years of service. If, under a settlement with severance, the employment ends earlier than it would have with the employer's ordinary notice period, unemployment benefit may be suspended until that day, for at most one year (Sec. 158 (1) and (2) SGB III).

Summary dismissal by the employee: resigning without notice

You can also resign without notice if it is unreasonable for you to wait for the notice period. The same rules apply: good cause, balancing of interests, 2 weeks from knowledge, written form.

Possible reasons:

• considerable wage arrears over a longer period, after you have warned the employer
• sexual harassment, assault or serious insults by the employer or superiors that are not dealt with
• serious breaches of occupational health and safety that endanger your health

As a rule, you too must warn the employer first and give them the opportunity to remedy the problem. If your employer caused the resignation through conduct in breach of contract, you can claim damages, for example the lost salary until the end of the ordinary notice period (Sec. 628 (2) BGB).

The risk: if there is no good cause, the summary resignation is invalid. If you stay away from work, your employer can claim damages. Without good cause, there is also a risk of a benefit suspension of up to 12 weeks (Sec. 159 SGB III). An ordinary resignation or a termination agreement is often the safer route. Have your case reviewed beforehand, for example through written advice from our employment lawyer at a fixed price.

Summary dismissal by the employer: what employers must observe

Most summary dismissals fail because of formalities, not because of the allegation. For employers, preparation is therefore what counts:

• Keep an eye on the deadline: The 2 weeks start as soon as the person entitled to dismiss knows the facts reliably. Carry out and document investigations promptly.
• Hearing in case of suspicion: Anyone dismissing on suspicion must first hear the employee on the allegations.
• Check the warning: Was there a relevant warning? If not, is the breach serious enough?
• Consult the works council: before the dismissal, on both the summary dismissal and the alternative ordinary dismissal.
• Clarify special protection: Depending on the case, the authority, the Integration Office or the works council must consent beforehand.
• Form and receipt: original with the handwritten signature of a person authorised to dismiss, with an original power of attorney in case of representation. Make receipt provable through handover or a messenger.
• Alternatively dismiss with notice: secures the termination if the good cause does not hold up.

If the dismissal is invalid, back pay for the entire duration of the proceedings may be due. A review before the dismissal is therefore usually cheaper than the dispute afterwards. Our employment lawyer also advises employers at a fixed price.

Summary dismissal during probation

Even during probation, a summary dismissal requires good cause and must be given within 2 weeks of learning of it. Because the ordinary notice period during probation is only 2 weeks, a summary dismissal is rarely necessary there. How to count the 2 weeks is explained in our guide on the notice period during probation.