According to a recent court judgment for employer in the future much more difficult to provide employment contracts with an objective reason-free limit. Such should be prohibited if a prior employment in the same company for more than eight years ago. This was decided by the Federal labour court (BAG), and thus a distance from its previous case-law, according to the this was for the period of more than three years is permitted. The Erfurt judges to implement the requirements of the Federal constitutional court of June 2018 (Az: 1 BvL 7/14).
editor in the economy.
F. A. Z.
in the year 2011, the Federal labour court had decided that the employment of more than three years ago is considered to be a work in this sense. Karlsruhe had decided last year that the appropriate standard in part – time and temporary employment law can no longer be interpreted in practice by a rigid year limit. It allows, in principle, the expiration of two years, without the need for production of a law. It is prohibited, however, the so-called chain limit, if with the same employer “before” a fixed-term or open-ended employment relationship has passed. The constitutional court dissolved by the time limit, to narrow, the application for employer exceptions such as the previous shorter of the activities of the student.
In the current judgment, the work saw a judge after eight years of such exception. The plaintiff was employed from March 2004 to for one and a half years in the case of a car manufacturer. The company hired him again in August 2013, with property, plant and groundless expiration until the end of February 2014. According to the Federal labour court, the limitation is ineffective, because the former employment relationship is still very long and the job duties had not changed significantly. The plaintiff was therefore entitled to a permanent setting.