Category Archive: Fixed-term employment

Hurdles at the temporal limits of work contracts – When is a fixed-term contract valid?

In practice, fixed-term contracts lead to practical problems in a large number of cases. On the one hand, this is because they demand a variety of formalities (see our article from July 24 ). On the other hand, however, it is even more difficult to determine whether it is possible to limit the work contract …

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Employee’s request for fixed-term employment narrowly interpreted

Entering into a valid fixed-term contract can be a bit of a challenge under German law. Under the Fixed Term and Part-Time Employment Act (TzBfG), one of the reasons which may be used to justify a fixed-term contract is that there are reasons relating to the circumstances of the particular employee. A recent case decided …

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Beware of invalid temporal limits of work contracts

The agreement on a time limit for the employment contract is a practice frequently used in Germany, in order to escape the restrictions on the right to protection. Caution is, however, required, since a fixed term is only permitted under special statutory conditions. On the one hand, it is necessary to examine whether there is …

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Extension of fixed-term employment contracts

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 26 October 2016 (docket number: 7 AZR 140/15) that a collective bargaining agreement (Tarifvertrag) which allows the extension of fixed-term employment without cause (sachgrundlose Befristung) for a maximum period of five years is effective.   In this case the plaintiff was employed by the defendant, a company …

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A fixed-term employment contract without justification following a previous home-working contract is valid

On 24 August 2016 the Federal Labour Court (Bundesarbeitsgericht, docket number 7 AZR 342/14) has decided that an employment contract can be limited to a fixed term of two years without any justification even in the event that the employee had worked as a home-worker for the same company prior to the fixed-term employment. In …

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Fixed-term probationary assignment of “higher” and more demanding tasks

On 24 February 2016, the Federal Labour Court (Bundesarbeitsgericht) ruled that the validity of a fixed-term probationary assignment of “higher” and more demanding tasks has to be evaluated under Sect. 307 Subsect. 1 German Civil Code (“BGB”), which states that an agreement is invalid, if it leads to an “unreasonable disadvantage” for the other party …

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Multiple fixed-term employment contracts of university scientists and the academic precariat

Multiple fixed-term employment contracts of university scientists may be lawful, as recently confirmed and specified by the German Federal Labour Court (Bundesarbeitsgericht, BAG) in its decision of 8 June 2016 (docket number 7 AZR 259/14). The Court did not find an abuse of legal right. The practice of multiple or repeat fixed-term employment (Kettenbefristung) may …

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No Second Bosman – Total Relief at Bundesliga

The Higher Labour Court Rheinland-Pfalz (Landesarbeitsgericht, LAG) ruled on February 17, 2016 (docket number 4 Sa 202/15) that the established practice of employing professional football players on a fixed-term basis does not violate German employment laws. Whereas usually decisions of a Labour Court take only notice at a certain audience, these days such a ruling is …

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Fixed-term employments – a little bit of knowledge is a dangerous thing

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on April 29, 2015 that the conclusion of several consecutive fixed-term employment agreements can be permissible and does not necessarily lead to employment for an indefinite period (docket number 7 AZR 310/13). Under German law, fixed-term employment agreements are only possible to a limited extent. If the mandatory …

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I wish I had a fixed-term contract…

The conversion of an unlimited-term employment relationship to a fixed-term contract can be justified for an objective reason if it is the employee’s own wish to be employed under such a fixed-term contract according to a ruling of the Higher Regional Labour Court Baden-Wurttemberg (Landesarbeitsgericht, LAG) dated March, 4, 2015 (docket number 2 Sa 31/14). …

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