Tag archives: Fixed term contracts

BVerfG verwirft Drei-Jahres-Frist für sachgrundlose Befristungen nach Vorbeschäftigung

Einmal ist keineswegs kein Mal! 

Mit Beschluss vom 6. Juni 2018  (Az.: 1 BvL 7/14 und 1 BvR 1375/14), veröffentlicht am 13. Juni 2018, verwarf das BVerfG die bisherige Rechtsprechung des Bundesarbeitsgerichts (BAG) zu sachgrundlosen Befristungen und bestätigt die Verfassungsmässigkeit deren Beschränkung durch das Teilzeit- und Befristungsgesetz (TzBfG). Da rund 9% aller Arbeitsverhältnisse in Deutschland sachgrundlos befristet sind und diese Quote bei jüngeren Arbeitnehmern zwischen 20 und 30 Jahren sogar bei 30% liegt, hat die Entscheidung große praktische Bedeutung.

§ 14 Abs. 2 S. 2 TzBfG erlaubt die sachgrundlose Befristung eines Arbeitsverhältnisses nur, wenn zwischen den Arbeitsvertragsparteien vorher noch kein … Continue Reading

Where winning is everything: the renewal of fixed-term contracts in professional sports

This article was written by Lee Crisp, an Associate  at Norton Rose Fulbright South Africa

Fixed term contracts are favoured by employers in the sports industry. As professional sport is heavily performance driven, fixed term contracts give employers a measure of flexibility in contracting with employees.  While fixed-term contracts have benefits, both employees and employers need to be aware of what creates a right to renewal.

Sports professionals should understand that continued employment – and contract renewals – are usually directly linked to their performance. Employers must therefore ensure that they do not act in a manner which unnecessarily raises … Continue Reading

Controversial amendments to the LRA enacted

The controversial Labour Relations Amendment Act was assented to by the President on 17 August 2014.

With the exception of section 198(4F), the amendments will come into effect on a date to be fixed by proclamation.

The Amendment Act places significant restrictions on the use of fixed term contracts and labour brokers, provides for additional organisational rights for minority trade unions and limits participation in pickets.

The Amendment Act has been criticised by business, noting concerns about a loss of flexibility and the failure to enact an effective mechanism to curtail violent strike action.  Some commentators have even suggested that … Continue Reading

Unlimited term for members of the works council – part two

As discussed in my post of 28 May 2014, the German Federal Labour Court was about to decide on a case where a member of the works council claimed against her employer for an employment unlimited in time after the expiration of her agreed fixed-term employment contract. The decision is now available.

The Federal Labour Court, which is the highest labour court in Germany, decided against the employee, as she could not prove that she was discriminated against due to membership of the works council.

Although this is good news for employers, they should be aware that the court … Continue Reading

Unlimited term for members of the works council?

Recently, a German Higher Labour Court had to decide on the following question: Where an employee becomes a member of the works council during his/her fixed term, is or can an employment unlimited in time be created automatically at the end of that fixed term?

Generally speaking, an employer can agree a fixed term for an employee of up to two years without any specific reason. Provided that the legal formalities are met (in particular, the term must be in writing) and the employee is not employed after the expiration of the term, the employment terminates automatically on the agreed … Continue Reading

Flexible employment reforms in the Netherlands

On Tuesday 18 February 2014, the Dutch Lower House voted in favour of a bill relating to the Work and Security Act. If the Upper House also votes in favour, dismissal procedures and the Unemployment Insurance Act will be reformed. The bill also contains measures to prevent the improper use of flexible employment. The changes applicable to fixed employment are planned to come into force partly per 1 July 2014 and partly per 1 July 2015. It is necessary for employers to anticipate these changes.

Five important changes to be aware of:

  1. Maximum duration: When the aggregate term of consecutive
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Labour broking: the long wait is over

After over two years before Parliament the Labour Relations Amendment Bill was finally adopted by the National Assembly yesterday after having been passed by 248 votes to 81.

The Bill looks somewhat different from the initial Labour Relations Amendment Bill, 2010. Employers should take note of the following most notable modifications:

  • Labour broking has not been banned but is  highly limited; labour brokers may only place their employees at their clients for a period not exceeding three months. If the three month period is exceeded then the employee will be regarded as employed by the client.
  • Employees earning below the
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