Fixed-term employment contract: when the time limit is invalid under § 14 TzBfG
A fixed term is only valid if the conditions of § 14 TzBfG are met. If they are not, the employment is treated as permanent – something you can enforce by bringing an action to have the fixed term declared invalid (Entfristungsklage).
Fixed term with an objective reason
Where there is an objective reason (§ 14 (1) TzBfG), a fixed term is generally permissible – for instance to cover for an absent employee, where the need is only temporary, or for a probationary period. The objective reason must actually exist; merely asserting one in the contract is not enough.
Fixed term without an objective reason
Without an objective reason, a fixed term is only permissible up to a total duration of two years under § 14 (2) TzBfG, during which the contract may be renewed no more than three times. If the maximum duration or the number of renewals is exceeded, the fixed term is invalid.
Prior-employment bar
A fixed term without an objective reason is ruled out if an employment relationship with the same employer already existed before. Only where the prior employment lies very far in the past and was of an entirely different nature can a different conclusion apply by way of exception.
Written form and action for permanent employment
The fixed term must be agreed in writing before work begins (§ 14 (4) TzBfG); an oral or subsequently added time limit is invalid. If you consider the fixed term invalid, you must bring an action to have it declared invalid (Entfristungsklage) within three weeks of the agreed end date – otherwise the fixed term is treated as valid.
How to check your fixed term
Check the following: Is there a genuine objective reason? Without an objective reason – are the two-year limit and the maximum of three renewals observed? Was there any prior employment? Was the fixed term agreed in writing before the contract began?
Relevant law
Frequently asked questions
Up to two years, with no more than three renewals within that period (§ 14 (2) TzBfG). Beyond that, a fixed term without an objective reason is invalid.
The employment is then treated as having been concluded for an indefinite period – that is, as permanent. You can enforce this by bringing an action to have the fixed term declared invalid (Entfristungsklage).
Yes, it must be agreed in writing before work begins (§ 14 (4) TzBfG). An oral fixed term is invalid, and the employment is then treated as permanent.
A fixed term without an objective reason is not permissible if an employment relationship with the same employer already existed at some point. An exception may apply only where the prior employment lies very far in the past and was of a different nature.
Within three weeks of the agreed end of the fixed term. If you miss this deadline, the fixed term is treated as valid.
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General legal information based on your contract — not individual legal advice.