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Contesting termination during a blocking period

You want to contest a termination that was issued after an accident or during illness, pregnancy, or military service?

The answer in detail

Tips on termination during a blocking period

Your employer may not terminate your contract during a blocking period. We show you whether and how long a blocking period is in effect.

What kinds of blocking periods are there?

A termination cannot be issued during these blocking periods:

  • while the employee performs obligatory military, protection, or civil service, and (provided the service lasts more than 11 days) during four weeks prior and thereafter;
  • while the employee, at no fault of their own, is unable to work fully or in part due to illness or accident, with this being applicable in the first year of work for 30 days, from the second year until the fifth year for 90 days, and from the sixth year for 180 days;
  • before the end of the extended maternity leave (according to Article 329f paragraph 2 CO);
  • as long as the entitlement to care leave (according to Article 329i CO) exists, but for no longer than six months from the day on which the framework period begins to run;
  • during the pregnancy of an employee and for the 16 weeks following the birth of the child;
  • while the employee, with the consent of the employer, participates in an ordered service of the relevant federal authority for a relief campaign abroad.

The abovementioned blocking periods apply only after the probation period has already been completed. During the probation period, the employer can terminate the employment relationship at any time, even in the event of illness, accident, pregnancy, or military service.
However, if the employee wants to terminate the employment relationship themselves, no blocking periods apply. They are entitled to submit termination at any time. 

Do I have to contest a termination during a blocking period?

Termination during a blocking period is null and void. Null and void means that it has no legal effect and thus does not have to be contested for it to be invalid. In such cases, the termination would have to be repeated after the blocking period. However, if the employer issues a summary dismissal, the termination is valid and the employer is liable to pay damages if the termination is unjustified. 

We have summarized the legal situation and drawn up a sample letter for you below.

Important documents
Vorlage K√ľndigung Sperrfrist