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English Post Federal Constitutional Court overrules Federal Labour Court

Even after a three-year interruption of the employment relationship, temporary appointments are only permissible if there is a material reason for them. The previous rulings of the Federal Labour Court, according to which a new time limit without cause was again possible if the previous employment relationship was terminated more than three years ago, has thus been repealed. Only in exceptional cases, in which chain employment relationships are not to be feared, a previous employment could be insignificant. This can be the case in particular if the previous employment was very long ago, of a completely different nature or of very short duration. Such can be said of certain part-time jobs during school, university or family time, the work of working students or the long past employment of people who later completely reorient themselves professionally.

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