Fixed-term employment contract in German law

Abstract

In this paper, the author analyzes the fixed-term employment contract in German law highlighting the importance of this contract in a flexible employment environment. However, making a fixed-term employment contract is considered to be an exception, thus the objective reason which justifies its use is established in German law. This indicates that a fixed-term employment contract is a desirable means for creating an employment relationship only if the conditions provided by law are met. Therefore, the conditions under which the fixed-term contract can be used, the number of renewals and the maximum length of the total duration are mentioned. Additionally, the paper presents 'legislative history' of the fixed-term employment contract after its conceptual definition. At the end, the author points to the prohibition of discrimination against atypical employees stating that those employees must not have any less rights compared to the rest of the employees working for the same employer, especially those with the standard employment contract.

Keywords

• fixed-term employment contract
• flexibility
• non-discrimination
• federal republic of germany