Termination of a fixed-term employment contract

A fixed-term employment contract ends automatically upon expiry even if originally intended to be extended. It is not necessary to make an explicit termination declaration. This may constitute a forbidden discrimination against a female worker whose term of employment has not been extended, although the employment was originally intended to be extended. This is the case if there is a connection between the non-extension and the worker’s sex and the worker can make this fact creditable. [OGH 27.04.2016, 8 ObA 30/16v]