How long can my employer employ me on a temporary basis?
June 16, 2024 | 40,00 EUR | answered by Sofia Vöss
Dear Employment Lawyer,
I have a question regarding my employment contract. My name is Jürgen Sauer and I have been working for my current employer for 2 years. My contract has been renewed on a fixed-term basis every year so far, and I am wondering how long my employer can continue to employ me on a fixed-term basis.
I have heard that there are legal regulations that determine the maximum duration of fixed-term employment contracts. I am concerned that my employer keeps renewing my contract on a fixed-term basis instead of offering me a permanent position. I would like to know if my employer has the right to continue employing me on a fixed-term basis, or if I have a right to a permanent contract.
I would like to understand what legal options are available to me to improve my situation and have a long-term perspective in my job. Are there specific criteria that need to be met for my employer to continue employing me on a fixed-term basis? How can I resist if I believe that I am entitled to a permanent position?
Thank you in advance for your help and support in this matter.
Sincerely,
Jürgen Sauer
Dear Mr. Sauer,
Thank you for your inquiry regarding your fixed-term employment contract. I understand your concerns and will try to provide you with all relevant information on this matter.
In general, the regulation of fixed-term employment contracts is governed by the Part-Time and Fixed-Term Employment Act (TzBfG). According to this law, a fixed-term employment contract is permissible if there is an objective reason. Objective reasons include, for example, replacements, project work, or seasonal employment. The maximum duration of a fixed-term contract is usually two years, but it can be extended to up to four years if stipulated by a collective agreement or company agreement.
Based on your description, it seems that your employer has been repeatedly employing you on a fixed-term basis for a period of two years without providing an objective reason. In this case, you may potentially have a claim to a permanent position. According to § 14 (2) TzBfG, repeated fixed-term employment without an objective reason is only permissible for a total duration of two years. If this limit is exceeded, the employee may claim for permanent employment.
To address the repeated fixed-term nature of your employment contract, you could first have a discussion with your employer and point out your entitlement to a permanent position. If your employer does not comply, you may seek advice from a specialist lawyer in labor law to explore your legal options. A lawyer can assist you in asserting your rights and potentially filing a lawsuit in the labor court.
I hope this information helps. If you have any further questions, please feel free to contact me.
Best regards,
Sofia Vöss
