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The Federal Constitutional Court (BVerfG) overturns the Federal Labour Court (BAG): fixed-term contracts without objective grounds and the prohibition on prior employment
It was an issue during the Bundestag election campaign – fixed-term contracts without objective grounds. On 6 June 2018, the Federal Constitutional Court (BVerfG) ruled on the extent to which it is possible to impose a time limit on a fixed-term contract without objective grounds in relation to previous employment with the same employer. The BVerfG put the Federal Labour Court (BAG) in its place. The Federal Labour Court (BAG) had interpreted the law to mean that a fixed-term contract without objective grounds is permissible provided that the previous employment took place more than three years ago. However, with this interpretation, the BAG had impermissibly encroached upon the legislature’s powers.
You can read here about the principles that now apply in cases of previous employment, the reasoning behind the decision and the practical implications:
https://www.deutscheranwaltspiegel.de/mehr-urteilsschelte-geht-kaum/
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