Newsletter Labour and Employment Law, 04/2013
Dear Madam or Sir,
our fourth and final issue of this year's Newsletter takes a decision of the Higher Labour Court as grounds for re-examining the question of fixed-term employment without an objective reason. The Baden-Württemberg Higher Labour Court openly diverged from the case law of the Federal Labour Court and stated that the Federal Labour Court had in connection with "relaxed fixed-term employment" simply handed down a judgment that was inconsistent with the law.
In addition, we consider the distinction between works contracts and employment contracts, which is also an item on the agenda of the coalition partners. The Federal Labour Court has handed down a judgment that clarifies this issue and which by chance is relevant for the current political debate. Finally, we analyse a Federal Labour Court judgment that deals with cut-off date rules - i.e. the necessity for the existence of an employment relationship on the date a bonus is paid; this is a further judgment rendered in connection with the law governing general terms and conditions and serves to extend the existing case law.