Fragen aus dem Arbeitsrecht: Kann ich einen befristeten Vertrag frühzeitig kündigen?

When it comes to terminating employment, many employees might assume the process is straightforward. However, particularly with fixed-term contracts, termination can be more complicated than anticipated – as the employment contract may limit this. Paragraph 15 of the Part-time and Fixed-Term Employment Act (TzBFG) states that a fixed-term employment relationship typically concludes when the agreed end date is reached or the agreed purpose is fulfilled.

Ordinary termination is thus not initially expected. "One can only terminate early if the employment contract permits it during the contract period," explains Nathalie Oberthür, a labor law specialist. This applies to termination by either the employee or the company. Termination without a contract clause Even if the contract does not allow for ordinary terminations, employees are not necessarily required to wait for the end of the employment relationship.

In conjunction with the employer, a settlement contract can be established, notes the labor law specialist. Unilaterally, this decision cannot be made. The regulation does not affect extraordinary termination of fixed-term employment contracts, although strict conditions must be met. Termination can be deemed appropriate when it arises from behavioral, personal, or employment-related grounds.

Speaking of the person: Nathalie Oberthür is a labor law specialist and chairperson of the Labor Law Committee at the German Law Association (DAV).