Do you work for Caritas, Diakonie, a church-run nursery or counselling centre and are thinking about leaving the church (Kirchenaustritt)? A new ruling shows: leaving alone is not automatically a reason for dismissal.
What did the court decide?
A social worker in the pregnancy counselling service of a Catholic association left the church during her parental leave. She was then dismissed. The Federal Labour Court (Bundesarbeitsgericht) declared the dismissal invalid. The reason: the association also employed women who were not Catholic for the same counselling work. Membership was therefore not needed for this job. The dismissal was discrimination on the grounds of religion. She receives her lost pay and compensation.
Does this apply to every church job now?
No, not automatically. Churches in Germany may regulate many things themselves. For some roles, membership may still matter, for example pastoral care or religious education. What counts is whether religion is truly essential for that exact job. It also matters whether you publicly oppose the church. Each case is assessed individually.
What should you do if you are dismissed?
- Write down when the notice reached you and keep the letter and envelope.
- Have the dismissal checked quickly, for example by your trade union or a lawyer specialising in employment law.
- Register as a job seeker with the Agentur für Arbeit no later than three days after receiving the notice.
- If it is about discrimination based on religion, collect evidence, for example who does the same work without church membership.
⚠ Important
Deadline: you must file a claim at the labour court within three weeks of receiving the dismissal. Claims for compensation for discrimination must be made in writing to the employer within two months. If you miss these deadlines, it is often too late.
What is church employment law?
The German constitution gives churches a right to self-determination. That is why church employers sometimes apply their own rules, such as duties of loyalty. European courts and the Federal Labour Court have limited these rules: a membership requirement must fit the actual job. The Catholic side has said it will consider a constitutional complaint.
This article explains the ruling in general and is not legal advice. Whether your dismissal is valid depends on your individual case. Help is available from trade unions, a specialist employment lawyer or – on a low income – through a Beratungsschein (legal advice voucher). The Federal Anti-Discrimination Agency offers free advice on discrimination.
Open the guide on dismissal and unemploymentOpen the guide on discrimination at workMeaNext summarizes official information clearly. This is not legal advice. Always check the linked official source for important decisions.
All current updates