Contract extension declined - how can I appeal against this?
October 31, 2023 | 30,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
My name is Ingo Schneider and I have been working as a Marketing Manager in a medium-sized company for the past three years. My contract is expiring in one month and I have requested an extension. Unfortunately, my request was denied by the employer without providing me with specific reasons.
I am very concerned about my future and wondering how I can challenge this decision. I have been dedicated to the company in the past years and have delivered good performance. I have also built good relationships with my colleagues and clients and would like to continue my work.
Could you please advise me on possible legal steps I can take to challenge the denial of the contract extension? Is there a way to find out the reasons for the denial and potentially address them?
Thank you in advance for your assistance and I look forward to your support on this important matter.
Sincerely,
Ingo Schneider
Dear Mr. Schneider,
Thank you for your inquiry and for trusting in my expertise in labor law. I am sorry to hear that your request for contract extension was denied without specific reasons being provided. It is understandable that you are concerned about your future and are seeking ways to challenge this decision.
As a Marketing Manager with three years of experience in a medium-sized company, you have surely gained valuable experiences and delivered good performance. It is understandable that you would like to continue working for the company. In such a case, it is important that you know your rights and, if necessary, take legal action to protect your interests.
In Germany, the principle of general dismissal protection applies, which also applies to the non-extension of a fixed-term employment contract. This means that your employer must adhere to certain rules when making a decision about contract extension. Non-extension cannot be arbitrary or discriminatory. There must be a valid reason that justifies the non-extension.
To challenge the rejection of the contract extension, you can take the following steps:
1. Clarification of reasons: You have the right to request the reasons for the rejection of the contract extension. Ask your employer in writing for an explanation of the decision. This can provide you with clarity about the situation and give you the opportunity to address any inconsistencies.
2. Examination of legality: Check whether the reasons provided to you are valid and understandable. If you have doubts about the legality of the decision, I recommend consulting a labor law attorney. They can analyze your situation and advise you on legal steps to take.
3. Assertion of claims: If you believe that the non-extension of your contract is unlawful, you can challenge it. Depending on the case, you may file a dismissal protection lawsuit or claim for contract extension, for example.
It is important that you act promptly and protect your rights. I therefore recommend that you promptly contact a specialized labor law attorney to discuss your situation and plan possible legal steps.
I hope that my explanations are helpful to you and wish you success in your endeavor.
Best regards,
Bernhard Vollmann
