"Establishing a Termination Date for Employment Agreements"
Employment relationships with terminating conditions are a legal option available under German labor law. These contracts allow for the separation of employees who are no longer needed or cannot be deployed as required, providing employers with flexibility and legal certainty.
The basis for such contracts is the occurrence of a terminating condition. This could be the hiring of a substitute employee for the duration of parental leave, which automatically ends with the return of the original position holder. Another example is the employment of employees who must bring certain licenses or health requirements for their task, such as flight fitness for flight attendants, which can be limited by a terminating condition.
According to the Part-Time and Temporary Employment Act, the Act provides grounds that can be used for this purpose (Section 14, Paragraph 1, Sentence 2). However, it's important to note that no termination is needed for these employment contracts to end. Instead, the specific event that triggers the end of these contracts is determined by the terminating condition.
To ensure the validity and effectiveness of these contracts, employers must be aware of and consider the legal requirements. It is essential to have a written agreement with a handwritten signature and complete clarity and unambiguity in the formulation. A factual reason is always required for the effectiveness of a terminating condition.
While these contracts can offer benefits, it is recommended to seek legal advice when drafting the contract to avoid ending up with an ineffective provision. Holger Schindler, a labor law expert from Kliemt, advises caution when applying non-standard factual reasons for terminating conditions. The labor law firm Kliemt has also pointed out the advantages of these contracts, but emphasises the importance of careful consideration and adherence to legal principles.
It's worth noting that specific companies in Stuttgart using employment relationships with ending conditions under German labor law are not listed in the available search results. However, the effective implementation of these contracts generally depends on explicitly defined termination clauses in the employment contract and compliance with statutory regulations regarding notice and reason for termination.
In conclusion, employment contracts with terminating conditions can serve as a safety net for employment contracts, providing employers with the ability to manage their workforce effectively while ensuring legal compliance. However, care should be taken to ensure that the terminating conditions are clearly defined, factually justified, and legally sound.
