Can employment contracts be limited to a maximum of two years?
Not correct!
Rumors are circulating about the time limit, which on closer inspection turn out to be a mistake.
Employers, in particular, are happy
about
fixed-term employment contracts
.
With the help of temporary contracts, new employees can be put through their paces over a longer period of time.
In addition, companies remain flexible in terms of personnel if the order situation no longer looks so rosy.
For employees, on the other hand, a fixed-term employment contract means one thing above all: Uncertainty in planning life.
And as if that wasn't enough, there are a lot of errors circulating around the time limit that we want to get out of the way once and for all.
Mistake 1: Fixed-term employment contracts may last a maximum of two years
In fact, employers can limit the employment contract to
a maximum of two years, as long as there is no objective reason.
This is what it says in the Part-Time and Fixed-Term Employment Act
(§14 Abs. 2 TzBfG).
However, there are also
exceptions
that many employees are unaware of:
There is a
factual reason:
An employment contract that has been limited in material terms may run for more than two years.
This is the case with parental leave or illness replacement, for example, but also after training or studying (more factual reasons are given in Section 14 (1) TzBfG).
Newly founded company:
In the first four years after founding, employees may be employed on a fixed-term basis for up to four years (Section 14 (2a) TzBfG).
Different maximum duration in the collective agreement: Collective
bargaining partners may set a longer time limit.
According to a court ruling by the Federal Labor Court (BAG) in 2019, the parties to the collective bargaining agreement may only allow a time limit of no more than six years and a maximum of nine extensions (Ref .: 7 AZR 410/17).
Older employees:
Employees aged 52 and over who were unemployed for at least four months prior to being hired may be employed on a fixed-term basis for a maximum of five years (Section 14 (3) TzBfG).
More on the topic:
Can my employment contract be limited in time for no reason?
Mistake 2: It doesn't matter when a fixed-term employment contract is extended
Not correct!
A
contract can only be renewed while it is running
.
If the temporary contract ends around January 31st and the contract extension is not signed until February 1st, this is legally considered a new hiring.
However, since two fixed-term employment contracts in a row are not allowed for no material reason, the new contract will now
continue
for an
indefinite period
.
Also interesting:
Can I take parental leave with a fixed-term employment contract?
In the video: Five myths about applying
Error 3: The statutory notice period applies to a fixed-term employment contract
"A fixed-term employment relationship is only subject to ordinary termination if this has been agreed in an individual contract or in the applicable collective bargaining agreement," says the Part-Time and Temporary Employment Act (Section 15, Paragraph 3 TzBfG).
Neither employer nor employee can terminate a fixed-term employment contract before it ends.
Exception: This is regulated differently in the employment or collective agreement.
Extraordinary terminations are also possible for fixed-term contracts.
(as)
Source: Part-time and Temporary Employment Act, Impulse.de
More on the topic:
Application: Is it worth taking a temporary job?
Termination of Employment Contract: The Most Important Facts Everyone Should Know
Termination of Employment Contract: The Most Important Facts Everyone Should Know
