One fixed-term contract after another? That can be unlawful
You have been employed on fixed terms again and again for years, one contract after another? Fixed terms are not permitted without limit. Under certain circumstances a permanent employment relationship actually exists, which you can sue for.
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What you should do now
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1. List the fixed terms
Compile all contracts with start, end, objective reason and activity. This shows patterns and possible gaps.
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2. Check validity
For a fixed term without an objective reason, is the written form missing before the start of work, or is the maximum duration exceeded? Are objective-reason fixed terms piling up without a genuine reason?
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3. Observe the deadline
The 3-week deadline for the permanent-employment claim from the agreed contract end is decisive. Do not miss it.
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4. Get advice
Have the chain of fixed terms checked by a lawyer (legal aid may be available). A successful claim leads to a permanent employment relationship.
Frequently asked questions
How often may my employment contract be fixed-term?
Without an objective reason, at most up to two years with a maximum of three extensions (§ 14 TzBfG). With an objective reason, further fixed terms are possible, but repeated 'chain fixed terms' over many years can be an abuse of law and therefore invalid.
What must I do if I consider the fixed term invalid?
You must file a permanent-employment claim with the labor court within three weeks of the agreed contract end (§ 17 TzBfG). If you miss this deadline, the fixed term is as a rule treated as valid. So get advice in good time.
Take action now
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.