Apprenticeship and pre -employment in the employment relationship
Sometimes "long" simply "long" and sometimes "long" is not "so long", at least not "too long".
What do we know since the Federal Constitutional Court collected the case law of the Federal Labor Court at the beginning of June 2018, according to which pre -employment that was more than three years ago should not be covered by the prohibition of preliminary employment in section 14 (2) sentence 2 TzBfG?
We know: a pre -employment that was five years ago is "not very long". An employment relationship that existed eight years earlier should "not be very long ago". Since then, a lot of ponder ...
But now it is out: a 22 -year pre -employment has been long enough. In this case, the prohibition determined in Section 14 (2) sentence 2 TzBfG must be interpreted by constitutional, with the result that the regulation does not apply ( BAG of August 21, 2019 - 7 AZR 452/17 ).
Tip
The period between eight and 22 years can still be used creatively to agree one or the other (un) effective non-reasonable employment. On the safe side you are only with: once and never again! Nevertheless, the shortage of labor demands more from the (right) consultant.
