Fixed-term soccer contracts LAG Rhineland-Palatinate 17.02.2016 - 4 Sa 202/15

The lawsuit brought by former goalkeeper Müller against the Mainz 05 soccer club was decided in favor of the employee on 19.03.15 - 3 Ca 1197/14. According to the ruling, fixed-term employment contracts are also not lawful in professional soccer and are excluded by Section 14 (1) TzBfG. The LAG, on the other hand, sees a factual reason in professional soccer within the meaning of Section 14 para. 1 sentence 2 no. 4 TzBfG, which justifies the fixed term, due to the "nature of the work performance". This special nature is justified, for example, by the uncertain performance development of the players. This includes player injuries, changing coaches and the general lagging behind the level of the squad. The age structure of the squad is also important for soccer clubs in order to remain competitive

The work performance owed by players differs from that of normal professions and is similar to that of the entertainment industry. According to the BAG, the temporary employment of stage performers can be justified, as there is a need for variety in the entertainment industry. The footballers themselves also have an interest in changing clubs and only by limiting the duration of soccer contracts could places become available at other clubs.

According to the LAG, the special feature of the soccer industry is that the work of professional footballers is temporary, precisely because of the special demands placed on the players. For these reasons, the LAG ruled that there are objective reasons arising from the nature of the work within the meaning of Section 14 para. 1 sentence 2 no. 4 TzBfG, which justify the limitation of soccer contracts.

The appeal to the BAG was permitted due to the fundamental importance of the matter. It therefore remains to be seen whether this result will be upheld.