Tag Archive: fixed-term employment

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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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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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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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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Repeated fixed-term contracts may indicate an abuse of right

Employment on the basis of ten consecutive fixed-term contracts within a timeframe of less than seven years may, considering the circumstances of the particular case, be an abuse of the law. As a consequence, the last fixed term may be invalid, leading to an unlimited employment contract. Based on this, the Higher Regional Labour Court …

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Repeated fixed-term contracts may be against European law

The European Court of Justice has ruled that long-term employment of teachers under fixed-term employment contracts may violate EU law (judgment dated 26 November 2014, docket number C-22/13, C-61/13, C-62/13, C-63/13, C-418/13). The case was referred to the European Court of Justice from Italy. Under Italian law, vacant posts for teachers and administrative staff in …

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When is previous employment a bar to fixed term employment?

German law states that a fixed term employment relationship without objective grounds is not possible where a fixed or unlimited term employment relationship has previously existed with the same employer (Sec. 14 para. 2  of the Part-Time Work and Fixed-Term Employment Contracts Act (Teilzeit- und Befristungsgesetz, TzBfG).  Some time ago, the Federal Labour Court (Bundesarbeitsgericht, …

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Fixed-term contracts: No reason necessary, for now…

Fixed-term contracts remain possible without a specific reason, for now. The parliamentary group of the Left Party recently presented a draft piece of legislation, proposing that fixed-term contracts should only be allowed to be issued for a specific reason. In the current version of the German Part-time Work and Fixed-term Employment Act (Teilzeit- und Befristungsgesetz, …

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