Things are not going smoothly for Gorillas right now. Several employees have filed lawsuits with the labor court. These employees have fixed-term employment contracts, originally for one year, which are soon to expire. Before the labor court, they are attempting to achieve a conversion of their employment contracts into permanent ones, meaning they want their fixed-term contracts to be transformed into indefinite ones. <\/p>\n\n
\u2753But is it that simple? In the case of Gorillas, it probably is, because fixed-term employment contracts, unlike “normal” employment contracts, must adhere to very strict requirements. Normal employment contracts can generally be concluded orally. Fixed-term employment contracts are subject to a stricter form, namely the so-called written form. This means that the contracts must be signed either by hand or by means of a qualified electronic signature (QES). A QES is a certification process that can be quite complex and costly under certain circumstances, and is therefore rarely used in practice. A QES should not be confused with an electronic signature, which is now offered online by many service providers. <\/p>\n\n
\u2757\ufe0fMany companies, especially young and digitally oriented ones, do not seem to be aware of these strict requirements. The variety of service providers promising complete digitalization of HR processes is too tempting. The consequences are fatal: if the written form is not observed for fixed-term contracts, the entire fixed-term agreement is invalid. The fixed-term employment contract then becomes an indefinite employment contract, which can only be terminated under the strict rules of the Protection Against Dismissal Act. This also applies to the extension of a fixed-term employment contract, for example, if a one-year fixed-term contract is to be extended for another year. <\/p>\n\n
\u27a1\ufe0f Many will now object: “Is this still up-to-date?” One can certainly debate this, but unfortunately, it does not help when the legal requirements are clear. Therefore, the rule unfortunately remains for the time being: anyone concluding fixed-term employment contracts must ensure that the written form is observed. This is \u2013 unless a QES is used \u2013 always guaranteed if both parties sign either one copy each or the same copy by hand. <\/p>\n\n
Did you know that fixed-term employment contracts must always be concluded in writing? What formal requirements have you encountered in the past? <\/p>\n","protected":false},"excerpt":{"rendered":"
Things are not going smoothly for Gorillas right now. Several employees have filed lawsuits with the labor court. These employees have fixed-term employment contracts, originally for one year, which are soon to expire. Before the labor court, they are attempting to achieve a conversion of their employment contracts into permanent ones, meaning they want their […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"two_page_speed":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-9958","post","type-post","status-publish","format-standard","hentry","category-unkategorisiert"],"yoast_head":"\n