Tag archives: Fixed term contracts

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

By Cornelia Marquardt on June 18, 2018 Posted in Europe, Germany

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 … Continue reading

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

By Karen Ainslie (ZA) on December 8, 2016 Posted in Contracts, General, South Africa

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 … Continue reading

Controversial amendments to the LRA enacted

By Karen Ainslie (ZA) on August 20, 2014 Posted in Contracts, South Africa

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 … Continue reading

Unlimited term for members of the works council – part two

By on July 14, 2014 Posted in Contracts, Europe, Germany

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 … Continue reading

Unlimited term for members of the works council?

By on May 28, 2014 Posted in Contracts, Europe, Germany

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 … Continue reading

Flexible employment reforms in the Netherlands

By Suzanne Kampijon and Annette van Beers on March 6, 2014 Posted in Contracts, 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 … Continue reading

Labour broking: the long wait is over

By Karen Ainslie (ZA) on August 22, 2013 Posted in Contracts, South Africa

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 … Continue reading