Fixed Term Contract

Fixed-term employment contract for actor in crime series – justified due to the specific characteristics of the work performance

According to the Federal Labour Court (Bundesarbeitsgericht, BAG) the employment contract of an actor in a crime series can be fixed-term according to Section 14 para 1 sentence 2 no. 4 of the German Part-Time Employment Act given the factual reason of the specific characteristics of the work as an actor (dated 30 August 2017, docket number: 7 AZR 864/15). The plaintiff, an actor, worked for a production firm in a crime series in the …

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Limitation of the extension of an employment relationship beyond the statutory age limit is permissible

The European Court of Justice has ruled that the limitation of the extension of an employment relationship beyond the statutory age limit is permissible and does not constitutes an abuse of fixed-term employment contracts. The case: A teacher in Bremen had reached the statutory retirement age and, according to the applicable collective bargaining agreement, the employment relationship with the city of Bremen would have ended with the achievement of the statutory retirement age. However, the …

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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 a material reason for the limitation or if the special conditions for an unconditional limitation, which are strictly limited, are …

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Ins and Outs re Notice Periods and Fixed-Term Contracts

Fixed-Term Contracts under German Law In Thursday’s blog, we talked about notice periods under German law. Today’s contribution will focus on fixed-term employment contracts. Can a fixed-term contract be concluded orally? No, the specific duration of the employment contract needs to be put in writing, with employer and employee signing. Oral agreements will lead to a contract with indefinite duration. Is an objective ground always required for a fixed-term contract? No, a fixed-term contract can …

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