Fed Up With Your Fixed-Term Gig? The Works Council Election Might Not Save You
Employment agreement terminates upon election to the works council, rules Federal Labor Court. - Work Council Membership Doesn't Extend Regular Employment Contract
Here's the deal: if you've got a temporary job in Lower Saxony and get elected to the works council, you might find yourself back on the hunt for work when your contract ends, even if you're part of the Verdi union. That's ‘cause the Federal Labor Court just ruled that fixed-term contracts expire whether you're in the works council or not.
To break it down, fixed-term contracts in Germany are like temporary jobs meant to cover specific projects or fill in for folks on leave. They last as long as they're supposed to, then they're gone. That's true even if you join the works council while you're employed. The court emphasized that works council activities shouldn't stop you from getting (or re-getting) work, but proving that can be a hurdle.
The BAG, the Federal Labor Court, confirmed their 2012 and 2014 rulings on this topic. They say that the legal protection for works council activities doesn't override a fixed-term contract. So, when that contract ends, it's over.
But let's not forget, just because your contract ends doesn't mean you can be fired willy-nilly because of your work on the works council. That's illegal and the Higher Labor Court in Hannover would call you out on it. But you won't automatically get an unlimited contract just cuz you're in the works council.
What's a Works Council?
Basically, it's a group of employees in a company elected to represent their colleagues and have a say in workplace matters. They're protected by law and have some special privileges when it comes to dismissal.
What's a Fix-Term Contract?
A temporary job with a specific end date. It can be renewed, but only if there's a good reason, like a temporary project or an employee on leave.
Got Questions?
If you got more questions about this or other employment-related stuff, the Federal Labor Court, BAG, and Lower Saxony are good places to start. But remember, always consult with a labor law expert before making important decisions about your job.
Regardless of your role in the works council, the conclusion of a fixed-term contract in Germany will not be extended, as per the Federal Labor Court's ruling. Moreover, harboring ill intentions towards employees serving on the works council, leading to unlawful terminations, is strictly prohibited and subject to scrutiny by the Higher Labor Court in Hannover.
