{"id":13380,"date":"2026-04-14T10:00:54","date_gmt":"2026-04-14T10:00:54","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=13380"},"modified":"2026-04-14T10:02:15","modified_gmt":"2026-04-14T10:02:15","slug":"befristeter-arbeitsvertrag","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/fixed-term-employment-contract\/","title":{"rendered":"Fixed-term employment contract \u2013 when a lawsuit for indefinite employment is worthwhile"},"content":{"rendered":"

Your fixed-term employment contract is expiring, and no one is talking about an extension. Or worse: you find out three weeks before the end that there will be no further employment. Now you are faced with the question of whether you have to accept this - or whether you can fight back against it.<\/span><\/p>\n

The answer depends on whether the fixed-term nature of your employment contract was actually effective. This is because many fixed terms are not. And if the fixed term is ineffective, you are entitled to continued permanent employment under the Part-Time and Fixed-Term Employment Act (TzBfG). You can enforce this claim with a lawsuit for permanent employment \u2013 also known as a fixed-term review lawsuit.<\/span><\/p>\n

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty.<\/b> This article provides general legal guidance and does not replace individual legal advice. Fixed-term contract issues are often complex in practice and require an examination of your specific employment contract. Please contact a for advice regarding your situation. Employment lawyer<\/a><\/span>.<\/span><\/p>\n

<\/span>What is an injunction?<\/b><\/span><\/h2>\n

A claim for continued employment is a declaratory action brought before the labour court. It is not directed against a dismissal, but against the fixed-term contract itself. The objective: The court is to determine that the agreed fixed term was invalid and that the employment relationship continues indefinitely beyond the intended end date.<\/span><\/p>\n

The legal basis is found in \u00a7 17 of the TzBfG. It states in essence: Anyone who wishes to claim that the fixed-term nature of their employment contract is legally invalid must file a lawsuit with the Labour Court within three weeks of the agreed-upon end date. The lawsuit for permanent employment is therefore functionally related to the <\/span>Ruling of the Federal Labor Court<\/span><\/a> \u2013 it follows a similar deadline mechanism and serves the same fundamental purpose, but it is an independent type of legal action under the TzBfG, not a sub-category of \u00a7 4 KSchG.<\/span><\/p>\n

If the lawsuit is successful, the employment relationship will be treated as if it had been permanent from the outset (\u00a7 16 TzBfG). It will then not end automatically, but only through a regular termination \u2013 with all the requirements that the Protection Against Dismissal Act (KSchG) imposes.<\/span><\/p>\n

<\/span>When is a fixed-term employment contract actually effective?<\/b><\/span><\/h2>\n

The Part-Time and Fixed-Term Employment Act provides for two basic forms of fixed-term employment: fixed-term employment with a factual reason and fixed-term employment without a factual reason. Both are subject to strict requirements. If these are not met, the fixed-term employment is invalid \u2013 and therefore contestable.<\/span><\/p>\n

Firstly, an important distinction: the law knows, alongside the <\/span>Time limit<\/b> (calendar-related fixed-term contract with a fixed end date) also the <\/span>Fixed-term contract<\/b> (\u00a7 3(1) sentence 2 of the German Fixed-Term Employment Act). In the case of a fixed-term contract for a specific purpose, the employment relationship does not end on a fixed date, but when a specific purpose is achieved \u2013 such as the completion of a project or the return of the employee being covered. Special rules apply to fixed-term contracts for a specific purpose: The employer must inform the employee in writing at least two weeks before the end (\u00a7 15(2) of the German Fixed-Term Employment Act), and the three-week period for bringing legal action only begins after receipt of this notification. Fixed-term contracts for a specific purpose can also be ineffective and be challenged with an action for an indefinite contract.<\/span><\/p>\n

<\/span>Fixed-term employment with a factual reason (\u00a7 14 para. 1 TzBfG)<\/b><\/span><\/h3>\n

Fixed-term employment with a factual reason (Sachgrund) is generally always possible if a recognised reason exists. \u00a7 14 (1) sentence 2 of the Fixed-Term Employment Act (TzBfG) names eight examples. The list is not exhaustive \u2013 the word \u201eespecially\u201c in the legal text makes this clear. In practice, however, these factual reasons are particularly relevant:<\/span><\/p>\n