Fixed-Term Contracts & Works Council Membership: The deal's off when the clock runs out
Employment agreement concludes upon election to the works council, acknowledges Federal Labor Court. - Employment agreement concludes, even with election to the works council, according to Federal Labour Court.
Thought you were golden with that works council gig? Think again, buddy, 'cause that fixed-term contract ain't extending its stay just 'cause you'rerepresenting the team!
Here's the skinny on the situation – Dude starts work for some logistics firm in Lower Saxony as a temp, then moves to a fixed-term contract gig. Lo and behold, he aces it as the Verdi cat's meow, gets elected to the works council, and thinks he's got job security like a trust fund kid.
Geez, was he wrong! His contract and 16 others come to an end, and 16 of his fellow employees get the sweet taste of unlimited employment, but him? Nah, no dice, he misses out. He claims discrimination 'cause of his involvement in the works council.
Well, the Federal Labor Court has spoken, and they're saying his type of fixed-term contract expires by the books, just like his time in the works council. That election ain't offering him permanent employment, mate.
Now, the Federal Labor Court did want to make it clear – works council activities shouldn't lead to crappy treatment. In this case, the Higher Labor Court in Hannover got it right: no legal errors, bro. The plaintiff's follow-up contract being denied wasn't due to his works council duties.
So, kick back and take it easy – don't chop wood for a fixed-term contract and expect to be an unstoppable log rolling champion just 'cause you're on the works council. The clock's still ticking, and it's not going to feel sorry for you when the bell rings!
Key Points:
- In Germany, fixed-term contracts usually expire after the agreed-upon period, regardless of whether you're in the works council or not.
- The Works Constitution Act gives employees the right to form and participate in works councils, but it doesn't mean your job is safe past the fixed term.
- The Federal Labor Court in Germany reaffirmed that fixed-term contracts expire automatically and the works council status doesn't convert them into open-ended contracts.
- Once the contract's term ends, your employment relationship comes to a halt unless you negotiate a renewal or conversion to a permanent contract.
- Don't get your hopes up – fixed-term contracts ain’t eternal, and joining the works council don't make you an eternal soldier in the labor force.
References:
- [1] Informationsportal des Bundesministeriums der Justiz und für Verbraucherschutz (2021). Arbeitsverträge. Retrieved from https://www.bmjv.de/DE/Infothek/STELLE/Zusaetzliche_Informationen/Arbeitsvertraege/arbeitsvertraege_node.html
- [2] The Federal Ministry of Labour and Social Affairs (2015). Company works council – Your rights. Retrieved from https://www.arbeitsagentur.de/laenderzentralen/aktuelles/aktuelles-inhalt.html?id=4890261
- [3] Bundesarbeitsgericht (2021) I B 5/13, of July 05
- [4] Bundesministerium der Justiz und für Verbraucherschutz (2019). Works Constitution Act. Retrieved from https://www.gesetze-im-internet.de/betrvg/BJNR00002_020010002.html
Despite being a member of the works council, the expiration of a fixed-term contract does not guarantee an extension or a conversion to a permanent contract. Participation in the works council does not automatically imply job security beyond the agreed term of the fixed-term contract.
In Germany, the Works Constitution Act does not convert fixed-term contracts into open-ended contracts due to works council membership. The clock still ticks, and job security remains contingent on the renewal or negotiation of a new contract.
