Fixed-term employment contracts
At the University of Bonn, over 80% of all employment contracts in the academic sector are fixed-term (excluding contracts for student assistants), even though German labor law stipulates that permanent employment shall be the norm. This is often because the employment relationships serve the purpose of qualification, the positions are financed by fixed-term third-party funded projects, or the employees are student assistants with bachelor's or master's degrees (who cannot be employed permanently).
Fixed-term employment contracts at universities can be entered on the basis of the 'Wissenschaftszeitvertragsgesetz' / Academic Fixed-Term Contract Act (WissZeitVG) and the 'Teilzeit- und Befristungsgesetz' / Part-Time and Fixed-Term Employment Act (TzBfG).
Wissenschaftszeitvertragsgesetz / Academic Fixed-Term Contract Act (WissZeitVG)
The WissZeitVG came into force in 2007 and represents a special right to fixed-term contracts for academic staff. At universities and research institutions, most employment contracts are fixed-term contracts under the WissZeitVG.
Fixed term pursuant to Section 2 (1) WissZeitVG: “Qualification-based fixed term”
The fixed term of contracts with qualification objectives is governed by § 2, Abs. 1 WissZeitVG. Before and after completion of the doctorate, fixed-term contracts may be concluded for a maximum of six years. In the field of medicine, the maximum fixed term after completion of the doctorate is nine years (six plus three/6+3).
If the periods of employment prior to completion of the doctorate are less than six years, the maximum fixed-term period after completion of the doctorate may be extended by this “time credit.”
According to § 2, Abs. 1 WissZeitVG, fixed-term contracts for qualification purposes have a social component. In Accordance with § 2, Abs. 5, these contracts can be extended—upon request—to include periods of leave, e.g., for childcare, caring for relatives, research abroad, basic military or civilian service, or participation in personnel or severely disabled representative committees, as well as periods of illness.
If the periods of employment pursuant to § 2 (1) WissZeitVG have been exhausted, a further fixed term pursuant to WissZeitVG can only be granted via a “third-party funding project fixed term” pursuant to § 2, Abs. 2.
Fixed term pursuant to Section 2 (2) WissZeitVG: “Project-based fixed term”
The project limitation pursuant to § 2, Abs. 2 WissZeitVG can be chosen as the basis for a fixed-term employment contract if the employment is predominantly financed by third-party funds, the financing has been approved for a specific task and period of time, and the employee is predominantly employed in accordance with the purpose of the third-party funds.
Project-based contracts lack the “social component.”
Teilzeit- und Befristungsgesetz / Part-Time and Fixed-Term Employment Act (TzBfG)
The TzBfG came into force in 2001 and is not a set of rules specific to higher education institutions. According to Section 1 TzBfG, its aim is to promote part-time work, to lay down conditions for the admissibility of fixed-term employment contracts, and to prevent discrimination against part-time and fixed-term employees.
Fixed term with objective reason pursuant to Section 14 (1) TzBfG
An objective reason exists in particular if
- the operational need for the work exists only temporarily,
- the fixed term follows training or studies in order to facilitate the employee's transition to subsequent employment,
- the employee is employed to replace another employee (note from PRwiss: e.g., during parental leave or illness),
- the nature of the work justifies the fixed term,
- the fixed term is for trial purposes,
- reasons relating to the employee justify the fixed term,
- the employee is remunerated from budget funds that are earmarked for fixed-term employment under budgetary law and is employed accordingly, or
- the fixed term is based on a court settlement.
Fixed-term contract without objective reason pursuant to Section 14 (2) TzBfG
A fixed-term contract without objective reason is possible for a period of up to two years. As the name suggests, this is a fixed-term contract that does not require justification. This type of contract is only possible for first-time employment with the state or if previous employment with the same employer (state) was more than three years ago.
If you have any questions about fixed-term contracts, please feel free to contact the PRwiss.