In Short
The Situation: The German
Federal Labor Court had to decide on the question whether a
seemingly fixed-term employment is actually an indefinite
employment. Prior to the latest hire, the same employee was already
employed for a term of one and a half years until about eight years
ago.
The Result: The Federal Labor
Court held that in the circumstances at hand the employment is
deemed to be indefinite. Even eight years between two employment
relationships do not automatically permit a fixed term upon
conclusion of the second employment agreement.
Looking Ahead: In the absence
of specific justification for fixed-term employment, it remains
questionable under which circumstances a re-hire may be performed
on a fixed-term basis in a valid way. Apparently, their demands are
high.
