Questions from employment law: Can I terminate a fixed-term contract early?
If you are in a temporary employment relationship, you can't always simply resign. There are clear guidelines that must be observed.
When it comes to termination, many employees may think that it's quite simple. However, especially in the case of fixed-term contracts, termination can be more complicated than expected - because the employment contract can restrict this. Section 15 of the Part-time and Temporary Employment Act (TzBFG) states that a fixed-term employment relationship usually ends when the agreed end date is reached or the agreed purpose is fulfilled.
A regular termination is therefore not provided for in the first place. "Early termination is only permitted if the employment contract allows for regular termination during the contract term," explains Nathalie Oberthür, a specialist lawyer for employment law. This applies to termination by the employee as well as by the company.
Termination without a contract clause
Even if the contract does not permit regular terminations, employees do not necessarily have to wait for the end of the employment relationship. Together with the employer, a mutual termination agreement can be drawn up, according to the specialist lawyer. The decision cannot be made unilaterally. However, this regulation does not affect the extraordinary termination of fixed-term employment relationships.
For this, however, strict prerequisites must be fulfilled. For example, termination can be pronounced if it is done for a reason related to behavior, the person or the company.
About the person: Nathalie Oberthür is a specialist lawyer for employment law and chairwoman of the Employment Law Committee of the German Bar Association (DAV).
Translated by urgent.news. Machine-written — may contain errors; check the original before relying on it.
