r/germany • u/abhi0002 • 11h ago
Work Has anyone won a labor court case (Kündigungsschutzklage) against an employer and been reinstated? What was the outcome for PR/residency?
Hi Everyone,
I am currently locked in an ongoing legal dispute with my employer (Kündigungsschutzklage) after receiving a termination notice. My goal right now is to maintain active, valid employment status until I secure my Permanent Residency (Niederlassungserlaubnis) or land a new job.
My main questions for anyone who has been through this:
Has anyone actually fought their case all the way to a court judgment (Urteil) and received formal reinstatement (Weiterbeschäftigung)?
What was the workplace environment like after returning, and did the employer attempt to settle or buy you out right after?
How did the Ausländerbehörde handle your residence permit / PR status while the labor court lawsuit was active or after reinstatement was ordered?
Any personal experiences, timeline details, or tips on navigating both the Labor Court (Arbeitsgericht) and the Ausländerbehörde simultaneously would be greatly appreciated!
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u/advaith82 11h ago
Why did they terminate you and why do you think they are wrong? Because answer to your question depends a lot on that.
In general, very rarely they reinstate and most likely outcome is the compensation for wrong termination.
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u/johngaltthefirst 11h ago
A colleague was reinstated after the court order. It took him more than 7months for the same though. I’m not sure about the impacts on PR/residency.
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u/abhi0002 11h ago
Once he was reinstated did the company sent hi. On garden leave or no work as the relation is broken so normal working condition wud be tough I suppose and till when did he stay?
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u/johngaltthefirst 6h ago
He wasn’t put on garden leave, but the company has appealed again to the court. (Not sure what that means TBH)
The company is not happy to have him back.1
u/abhi0002 6h ago
Okay u mean in higher court..how long is he in the company after reinstatement?
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u/johngaltthefirst 5h ago
Yes. He has been back since 5 months.
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u/abhi0002 5h ago
Got it..anything special he did to get reinstated as usually company avoid that happening and how's the work environment now?
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u/South_German 11h ago
Meistens führt die Kündigungsschutzklage nicht zu einem Weiterführen des Arbeitsvertrages. Meist stellt man im Prozess fest, dass eine Abfindung bezahlt wird und/oder eine Freistellung erfolgt, bei der der Arbeitsvertrag noch ein paar Monate länger weitergeführt wird. Letzteres könnte für dich interessant sein. Es kommt stark auf den Kündigungsgrund und die Vorgeschichte an, die zur Kündigung führte, welche Chancen Du vor Gericht hast.
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u/advaith82 11h ago
How long is your notice period? Most likely your case will run longer than that. So your job will be get terminated unless the court issues a pause. So eventually if they win the case or you settle, that retrospective date would be the last day of your employment.
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u/Upbeat_Painter_1083 7h ago
How long you need to stay in order to get your niederlassungserlaubnis? You can fight for the extra time if you are already applied and waiting for the permit. I know a collegue did that and got her permit then got terminated. Also it means she got some extra time to find a new job.
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u/Rude_Bother_4567 7h ago
you case is the lawyer hands you just give him goals of what you want, ALB only interested in seeing you having good money to support your self, so low rent, show them your saving , some people got accepted with ALG1, in my opinion maybe you should try to extend your notice period. are you IT?
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u/rubenknol 8h ago
Having gone through this from the other side a lot of times (supporting my employer in going to court to fire an employee) I can tell you that in practice it never happens that someone gets reinstated, it makes no sense with completely damaged working relationship to reinstate
Almost always we settled/got asked to settle by the court
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u/PrepareforGermany 11h ago
Winning a Kündigungsschutzklage with a court order for actual reinstatement is exceedingly rare in practice. While the legal claim technically aims to declare the termination invalid, the vast majority of labor court cases end in a settlement with a severance payout.
In the rare event that a court actually orders reinstatement, returning to the workplace is usually very uncomfortable. The working environment is typically cold and hostile because mutual trust has been permanently broken.
The Ausländerbehörde generally requires a stable, non-terminated employment contract and a secure livelihood to grant Permanent Residency. While the lawsuit is active, your legal employment status is considered "uncertain." As a result, the Ausländerbehörde will usually freeze or pause your permanent residency application until there is a final, binding court judgment or settlement.
Make sure your labor lawyer understands how your job status directly impacts your residence permit and start looking for a new job immediately.