A growing number of employment contracts these days have a fixed term. A fixed-term employment relationship is an agreement that the employment relationship should end on a specific date or on a specific event without notice. In addition to termination, it is an independent termination event for an employment relationship. For the fixed-term contract to be effective, it is necessary that the requirements set out in the Part-time and Fixed-Term Employment Act (TzBfG) are met.
A fixed-term contract without a factual reason can generally only be agreed with a new employee who has never had a comparable employment relationship with this employer. The basis for this is Section 14 Paragraph 2 TzBfG. A permanent job can also be filled several times in a row with different temporary employees. [14] The time limit is limited to a maximum of two years. If it is agreed for a shorter period of time, the employment relationship can be extended three times for a total of two years. If there is an objective reason, a time limit beyond this is also permissible. The law lists objective reasons. The list is not exhaustive. According to Section 14 Paragraph 1 TzBfG, the objective reason is:
- the operational need for the work is only temporary,
- the fixed-term contract occurs following training or study in order to facilitate the employee’s transition into subsequent employment,
- the employee is employed to represent another employee,
- the nature of the work performance justifies the fixed-term contract,
- the time limit for testing takes place,
- Personal reasons relating to the employee justify the fixed-term contract,
- the employee is remunerated from budget funds that are intended for temporary employment and he is employed accordingly or
- the time limit is based on a court settlement.
Given the complex legal regulations, it can be assumed that the majority of the agreed time limits are ineffective. Are you in a temporary employment contract?
- We check the effectiveness of the time limit for you,
- assert the ineffectiveness of the time limit for you out of court or
- file an action for termination of the fixed term on your behalf or
- negotiate a severance payment for you for accepting the fixed-term contract.
Wichtig: Naht das Ende der Befristung oder ist das Ende des Arbeitsverhältnisses bereits erreicht, drängt die Zeit! Nur binnen einer Frist von 3 Wochen nach dem vereinbarten Ende des Arbeitsverhältnisses hat eine Klage gegen die Befristung Aussicht auf Erfolg. Folgende Unterlagen sollten Sie soweit möglich und vorhanden bereits zum Beratungsgespräch bereit halten:
- your employment contract
- Your last 3 payslips
- Change agreements
- Collective agreements
- Operating agreements…