Time limit

An employment relationship can be entered into for a fixed term, whereby a fixed term lasting longer than two years requires an objective reason, such as the replacement of another employee. This is referred to as a fixed term for a material reason, the requirements for which are set out in Section 14 (1) TzBfG. A fixed term without a material reason is only permitted up to a total duration of 2 years in accordance with Section 14 Para. 2 TzBfG. A fixed term without objective reason is excluded if a fixed-term or permanent employment relationship already existed with the same employer. The fixed-term employment contract must be in writing in accordance with Section 14 (4) TzBfG. If the written form requirement is not complied with, the contract is deemed to have been concluded for an indefinite period in accordance with Section 16 (1) TzBfG. The same applies if the employment relationship is continued without objection after the expiry of the period for which it was entered into.

A fixed-term employment relationship ends in accordance with Section 15 (1) TzBfG upon expiry. The possibility of ordinary termination must be agreed separately in accordance with Section 15 (3) TzBfG, otherwise the contract cannot be terminated before the end of the agreed term. Extraordinary termination for good cause, on the other hand, remains permissible.

Employees can only file a complaint with the labor court within 3 weeks of the agreed end of the fixed-term employment relationship to establish the invalidity of the fixed term. If no action is brought or not brought in time, the agreed termination date applies.

There are special features in the area of universities with regard to the employment of academic and artistic staff. According to § 2 WissZeitVG, these employees can be employed for a fixed term of up to 6 years; after completing a doctorate in the field of medicine, even up to 9 years.

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