EU: ECJ makes first breach to European laws on fixed-term contracts by allowing the renewal of fixed-term contracts for permanent needs

The prejudicial question asked by Germany came from an employee, Bianca Kücük, who signed, with the same employer, 13 successive fixed-term contracts over a period of 11 years, to replace employees employed for an indefinite duration who were on leave for an indeterminate period because of temporary leave (maternity or parental leave).  Under German law, employers can use fixed-term contracts to replace employees who are temporarily unable to perform their tasks.  Besides, there are no limits to the number of successive temporary contracts as long as they are justified by an objective ground – the absence of an employee. 
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

y;”>The prejudicial question asked by Germany came from an employee, Bianca Kücük, who signed, with the same employer, 13 successive fixed-term contracts over a period of 11 years, to replace employees employed for an indefinite duration who were on leave for an indeterminate period because of temporary leave (maternity or parental leave). Under German law, employers can use fixed-term contracts to replace employees who are temporarily unable to perform their tasks. Besides, there are no limi

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Portugal: open consultation on the transposition of the Pay Transparency Directive
The news. On 5 August 2026, the Portuguese government published a document proposing a draft text to transpose the EU Pay Transparency Directive as the basis for a public consultation open until...
EU: the Commission will set up an Expert Group on the impact of AI in the world of work
The news. On 22 July 2026, the European Commission published a progress report on the EU-27’s achievements regarding the objectives of the European Pillar of Social Rights, reinforced by the...
Belgium: toward an additional five days of leave following the birth of a child
The news. On 18 July, the Belgian federal government approved a draft bill introducing an additional five days of leave following the birth of a child. This entitlement would be added to existing...
Germany: a national action plan to strengthen collective bargaining
The news. On 22 July, the German federal government unveiled a national action plan to promote collective bargaining in response to the requirements of the EU minimum wage directive. The directive...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
EU: the Commission will set up an Expert Group on the impact of AI in the world of work
The news. On 22 July 2026, the European Commission published a progress report on the EU-27’s achievements regarding the objectives of the European Pillar of Social Rights, reinforced by the...