Der Gleichbehandlungsanspruch befristet beschäftigter Arbeitnehmer aus § 4 Abs. 2 TzBfG

In order to analyse whether the purpose of § 4, para.2 of the TzBfG (Germany’s law on part-time and fixed-term employment), which is designed to afford fixed-term workers the same working conditions as permanent workers, is being achieved, this study compares national and European general and specific equal treatment requirements and classifies § 4, para. 2 of the TzBfG into these structures. This produces important results regarding the scope of § 4, para. 2 of the TzBfG. The possibility of justifying different treatment on objective grounds does not lower the level of protection, and the study’s investigation of this justification is based on the principle of proportionality. Indeed, the equal treatment requirement has to be secured with the help of a continuation claim.
In November 2019, the work was awarded the Bernd Pederzani Memorial Prize for outstanding doctorates at the Fernuniversität in Hagen.