Got Your Back, Buddy: Your Fixed-Term Contract Stays Till Your Time on the Works Council Ends
Employment agreement terminates upon election as works council representative by employee. - Employment agreement terminates upon elections to the works council, according to Federal Labour Court decision.
Hey there! Here's a lowdown on a recent ruling from the Federal Labor Court, shedding some light on the funky situation when your fixed-term contract decided to call it quits, but you're still hangin' out as part of the works council.
Let's say you're kickin' it in Lower Saxony, working for a logistics company on a temporary gig, then a fixed-term contract. While you're bustin' a move on that contract, you somehow get elected to the works council via the Verdi list, like some rockstar labor rep.
Fast forward a bit, and your contract, along with quite a few other folks', comes to an end. Sixteen lucky devils nab unlimited contracts, but our man gets left out. He's grumbling that he got punished for workin' in the council.
Well, buck up, buddy! The Federal Labor Court just confirmed some earlier rulings from 2012 and 2014, and they're sayin' your fixed-term contract shuffling off its mortal coil doesn't mean a thing when it comes to your council gig. In other words, if your contract ends, poof, it's gone, but not when you're on the council.
But wait, it's not all doom and gloom! The court also emphasized that council activities shouldn't be used as a reason to screw you over. And guess what—they found that our fella's follow-up contract was totally fair game, and wasn't denied because of his council duties.
Now, speakin' of works councils, if you're curious about the nitty-gritty details, here's the scoop on those folks: ya see, workers elected to the council get special protection against the boot, to ensure they can keep standin' up for their fellow employees. This protection applies to all types of contracts, including temporary ones, and it's pretty tough to kick 'em out unless the labor court say's it's cool.
This means that when your fixed-term contract's about to end, the works council protection thing takes over, and unless the company extends or converts your contract to a permanent one, they'd be violatin' your rights as a council member. Neat, huh?
While the general gist of this principle knocks around German labor law, remember that specifics and any exceptions are all over the place, and they depend on the circumstances and court rulings. If you want the straight dope, it's a good idea to check out the Federal Labor Court decisions or dangle a question before a legal eagle.
Hope you found this informative, and remember, keep the good fight goin', buddy!
- In the context of Lower Saxony, if an employee is working on a fixed-term contract and is elected to the works council, the termination of their fixed-term contract does not affect their membership in the council, as community institution protection applies.
- The protection accorded to works council members under the community institution concept ensures that they cannot be dismissed from their roles, even if their fixed-term business contracts end, unless there is a valid reason or a court ruling permits it.
