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. 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: