Planned change in part-time and fixed-term employment law: undermining protection against dismissal through the back door?

The Black-Yellow coalition wants to allow chain contracts in temporary employment. So far, a fixed-term contract can be extended only three times without a material reason within two years. That should change now. What exactly does that mean?

Since 2001

Since 01. January 2001 is subject to the Part-Time and Temporary Conditions Act in Germany. Accordingly, the limitation of an employment contract is possible at any time if justified by a factual reason.

This includes, for example, the representation of a worker on maternity leave or the probationary period. However, such a time limit is not permitted if the same employer has previously had a temporary or permanent employment relationship.

Employment contract only for 2 years

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If, on the other hand, there is no objective reason, an employment contract can only be limited to a maximum of two years. And within these two years at most three times an extension of a fixed-term contract is permissible. According to the applicable legal situation, the employer is obliged to terminate the employee permanently if he wishes to continue his employment.

This is precisely the point the CDU and the FDP want to change according to their coalition agreement: Employment contracts should be limited to a maximum of two years without a foundation and can be extended three times during this period. But then, after a waiting period of one year, it is possible to conclude a new fixed-term contract with the same employer with whom a previous employment relationship already existed.

Not only disadvantages for workers?

According to the argument, this not only has disadvantages for employees: the existing law can lead to paradoxical situations: For example, whoever Study in a Company who has worked for a few weeks can no longer be hired on a fixed-term basis if he applies for a job in the same company five years later.

Reason: He has already fulfilled the maximum fixed-term period with one temporary job. However, the unions consider this to be an advanced argument. Evelyn wheels, advisor for labor market policy of the union ver.di in Berlin, emphasizes: “If you had wanted, you could have found exceptions for such cases. In reality, the coalition is concerned with hollowing out protection against dismissal! ”

Old conditions

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Above all, the trade unions fear that conditions which are customary up to the year 2000 will return. According to the then applicable Employment Promotion Act, an employee could once again conclude an employment contract with the same employer within four months.

In addition, employees could alternately be employed on a temporary basis “with an objective reason” and “without an objective reason”. This led to the fact that it was not uncommon to conclude unlimited chain work contracts that circumvented protection against dismissal.

being held in

Evelynräder finds this situation unacceptable for employees: “They are held out and have to be in constant Anxiety live that their employment relationship will not be extended. The scheme encourages insecure employment rather than new jobs!”

This means the planned amendment to the Part-Time and Temporary Act

What effects does the coalition project have on you? Eight example cases, as the law changes are planned according to the current state of affairs:

1. Probationary period: An employment relationship can be limited for testing (work relationship with the sample). Irrespective of this, a probationary period is automatically agreed upon at the beginning of an employment relationship. After the expiration of this period, an indefinite or, for other reasons or without a foundation, a temporary employment relationship is established (unlimited or temporary work contract).
2. Maternity protection: Even if you represent a colleague in maternity protection, you have no disadvantages by a change in the law: Because even then there is a time limit according to factual reason through which nothing changes.
3. They were formerly employed by the company: Until then, you could not be recruited for a limited time. That should change now.
4. Postgraduate career: If you were studying in the same company during your studies, you could not be recruited for a limited period after your studies. This is also to change.
5. Lump-sum workers and other self-employed workers: If you were previously employed not as an employee, but only as a self-employed worker, nothing changes: The Part-time and temporary employment law applies only to regular employment.
6. Limitations in the public service: There is also no change for temporary employees in the public service, whose employment contract is determined by budgetary means, which are revised annually.
7. Working in a start-up: In a newly founded company, an employment contract can be limited to a period of up to four years without there being a factual reason. Multiple extensions are also possible during this period. Nothing changes!
8. You are 52 years or older: From the 52. On the birthday, it is permissible for your employment contract to be extended for a period of five years without any objective reason. However, further prerequisites must be met which are specified in § 14 para. 3 of the Part-Time and Time-Limits Act.

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