display

When Matthias von Fintel deals with fixed-term and open-ended employment contracts, everyday life is catastrophe enough, as he puts it.

"There are a number of employers who are trying to push workers from one fixed-term contract to the next," says the media division manager at the Ver.di union.

The world of film, publishing and cinemas are all part of his field of expertise.

Fixed-term contracts, for example for the production of a single series, would often be in place there.

It may sound obvious at first to limit such employment contracts.

But if the company is aware that there will be many more seasons anyway, then such contracts are not appropriate, according to von Fintel.

“Take a series like 'GZSZ' from UFA / RTL, it is absolutely clear that there are still several episodes to be shot.

Nonetheless, the employment contracts of many participants are only ever limited to twelve months - with an alleged fixed term, ”says the unionist.

display

According to the Federal Statistical Office, around 7.4 percent of all employees aged 25 and over had a fixed-term employment contract in 2019.

The proportion has decreased slightly since 2017.

In the past, however, the proportion usually increased during economic crises.

The office has not yet published figures on how exactly the corona crisis will affect it.

However, it is difficult for employees to defend themselves against such working conditions and insist on an open-ended employment contract.

Difference between time and purpose limitation

Ver.di therefore tries to use collective agreements to stipulate that only a certain proportion of the workforce may be employed on a fixed-term basis.

The union negotiated such a regulation for the employees of the Saarland Broadcasting Corporation.

In the collective wage agreement there it says: "Fixed-term fixed-term contracts without any substantive grounds may amount to a maximum of three percent of the reported positions."

display

Many young employees start out with a fixed-term contract and then switch to a permanent one.

In labor law, a distinction is made between a fixed-term and a fixed-term employment contract.

Both end automatically when the reason for the time limit is reached.

The fixed-term employment contract simply expires, there is no longer any need to dismiss.

In the case of a fixed-term employment contract, the employer informs the employee about the achievement of the purpose, for example when the sick colleague whom you represented comes back.

More about careers

"Afterwards, employees have no automatic entitlement to an open-ended employment contract," says Nathalie Oberthür, specialist lawyer for labor law and chairwoman of the labor law committee at the German Lawyers' Association.

However, companies cannot simply push them from one fixed-term employment contract to the next.

display

"For each time limit, you need a new reason," says the lawyer.

For example, a time limit without any objective may only last for two years.

If a company then wants to continue to hire the person and cannot justify the fixed term, it must offer an open-ended employment contract.

In von Fintel's experience, employers like to try to extend the trial phase with a fixed-term employment contract.

If the cooperation does not work, you do not have to laboriously terminate the employee, but can simply let the temporary contract expire.

“But that puts a lot of pressure on young employees in particular,” says von Fintel.

"Big life decisions, such as starting a family or buying a house, are difficult to make when your own professional future is so uncertain."

According to lawyer Oberthür, it is worthwhile for every employee to take a look at his fixed-term employment contract.

“I have cases with unlawfully concluded fixed-term employment contracts on the table almost as often as unlawful dismissals,” she says.

If companies made a mistake there, it could often happen that the contract would automatically expire - and thus indefinitely.

If, on the other hand, the employer and employee agree, switching from a fixed-term employment contract to an open-ended one is not a problem.

Ideally, the employer will approach his employee before the previous contract expires and work out an open-ended employment contract with him.

Above all, this gives employees planning security, as they no longer have to fear losing their job in a short period of time.

Longer notice period for long-term employment

However, there are a few things that employees should consider before signing.

First of all, they should insist that everything that has been discussed is recorded in writing there.

This avoids misunderstandings, which in the worst case scenario can lead to a legal dispute.

This should specify, for example, the exact amount of the salary and, under certain circumstances, special payments such as the Christmas bonus.

A precise description of the job is also important, as is the definition of working hours.

Those who work for a company on a long-term basis also have the advantage that the statutory notice period is extended by the employer.

If you are employed for five to seven years, the deadline is two months; for ten years, it is four months.

Anyone who has worked for a company for more than 20 years has a statutory notice period of seven months from the employer - provided that it is not an extraordinary termination.

This could happen, for example, if an employee steals or sabotages his own company.

Everything about the job reference

display

If a company has more than ten employees and the employee has been working there for more than six months, employers need a reason to give notice of an ordinary termination.

This can either lie in the person himself, in the behavior of the employee or in urgent operational requirements.

A typical case for a personal termination would be, for example, termination in the event of illness.

A reason for a conduct-related termination can exist if the employee consciously violates his duties.

A termination may be operationally necessary, for example, if the employer has to close an entire department.

Often employers try to arrange a trial period with their employees.

This can last a maximum of six months.

During the probationary period, both employers and employees can terminate their contract within two weeks.

“There doesn't have to be a probationary period,” says attorney Oberthür.

Employees would have to decide for themselves whether they want to get involved.

This article was first published in March 2021.