Although temporary employment agreements are generally more acceptable than in the past, they are still not seen kindly in Germany. Temporary employment agreements for under a two-year period do not pose a problem. However, an employer must have legally good grounds for concluding a temporary agreement for longer than two years (unless the employer is a newly-formed company, in which case a temporary employment agreement may be for up to four years). Otherwise, the agreement will not constitute a temporary employment agreement and the employee at issue may enjoy the statutory protection against termination.
German statutory law sets forth that the duration of an employment agreement must be in writing. A June 23, 2004, decision of the Federal Labor Court held that the statutory language regarding temporary employment agreements must be read literally. According to this same decision, only the fact that the employment relationship is temporary must be in writing, meaning that the specific duration of the employment relationship must be set forth. Other aspects of the employment agreement do not necessarily need to be in writing nor do the grounds for the temporary nature of the employment relationship need to be set forth in writing.
The content of this article is intended to provide a general guide
to the subject matter. Specialist advice should be sought about your
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Even though the EU's Fourth Anti-Money Laundering Directive (EU 849/2015) ‘on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing' has only recently hatched from its legislative egg, . . .
Turkey has updated its project-based investment incentives scheme, providing financial support for innovative, technology-oriented, R&D focused, high value-added projects, which assist in reducing foreign dependency.
Turkey’s judicial system has undergone many reforms over the past decade, such as a new Criminal Code, Commercial Code, Code of Obligations and Civil Procedure Code. Until June 2012, the most prominent change in the judicial system was the new Civil Procedure Code (the "CPC").
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).