Tag Archive: fixed-term employment

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, …

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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 …

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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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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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