Is it legal to be an unlimited employment? Under what conditions is this possible? The Hessian State Labor Court (was) introduced on Feb. 8, 2010 (AZ. 16 SA 1032/09) on the case-law of the Federal Labour Court: this is legally permissible. The requirement: employers and workers need to a subsequent written agreement meet, that the first open-ended work contract should be now limited. This was Hesse emphasized that a retroactive time limit is allowed only if employers and workers thereon subsequently agree.
The limit would not be acceptable, if the employer issued only a confirmation of the oral limit on the occasion of the signing of the contract the worker. Another requirement: it must be a fixed base. Here, the demand for labour was only temporarily; a legal limit cause according to 14 part-time and fixed-term law. Celebrity trainer wanted to know more. The worker was only used during the summer season. The holiday camp, in which the employee was employed, was closed in the winter. Specialist Attorney tip workers: a retrospective limit of your employment is not possible without your contractual agreement. So, you have the choice to work in a permanent or a temporary employment relationship. Should take the offer of your employer, you risk but the involuntary termination.
If you reach the end of the fixed-term employment relationship, you have no more than 3 weeks time, to submit a so-called Entfristung action before the Labour Court. This is to advise you if the subsequent term suffers from defects of form or a time limit is not. Specialist Attorney tip employer: ensure that a subsequent limitation is carried out by written agreement between you and your employer. Also, make sure that the term reason. A post by specialist lawyer for employment law Alexander polymath and lawyer Dr. Attila Fodor, Berlin E-mail: