A Befristung (fixed-term contract) ends the employment relationship automatically at a set date or on a defined purpose, without a termination. It is allowed either with an objective reason (Sachgrund, such as cover or a project) or without one. Without a reason, at most two years with up to three extensions are allowed, and only if there was no prior employment with the same employer. Every fixed term must be agreed in writing before work starts, otherwise the contract counts as permanent.
At a glance
- Two routes: fixed term with an objective reason (Sachgrund, § 14 (1) TzBfG, such as cover or a project) or without one (§ 14 (2) TzBfG)
- Without a reason, at most two years with up to three extensions, and only where there was no prior employment with the same employer; since 1 January 2026 this bar no longer applies above the standard retirement age
- Written form with a handwritten signature before work starts is mandatory; otherwise the contract counts as permanent
- Ordinary termination during the fixed term is possible only if the contract or a collective agreement provides for it
FAQ
Do internships, working-student jobs, or apprenticeships count as prior employment?
It depends on the actual substance, not the label. A former working-student job (Werkstudent) or minijob is an employment relationship and can trigger the prior-employment bar; the Federal Constitutional Court allows exceptions, for example for minor, study-accompanying, very short, very long-ago, or entirely different work. For internships, distinguish: a genuine internship with a training and learning purpose, such as a mandatory or study-accompanying Praktikum, is a training relationship (Praktikantenverhältnis), not employment, and does not block a later no-reason fixed term. But if someone labelled an "intern" in fact does regular work, bound by instructions like a normal employee and without a genuine learning purpose, that is a disguised employment relationship; it counts as prior employment and also triggers entitlements such as the minimum wage (Mindestlohn). An apprenticeship (Berufsausbildung) likewise does not count as employment. When in doubt, an objective reason (Sachgrund) or a permanent contract is the safe route.
Can fixed-term contracts be chained?
With an objective reason, a chain of fixed terms is possible in principle. For very long total durations or very many extensions, however, courts examine abuse of rights; without an objective reason the two-year cap remains.
What happens without a valid fixed term?
If written form before the start is missing, or the fixed term is void for other reasons, the contract counts as permanent. Text form (Textform) is not enough here.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
