I have been working for the same company over almost 10 years now, always on temporary contracts, although I am a staff member (not a contractor). It seems that they are now also keen in offering me a promotion, but again under a limited term contract. I am interested in taking that position, if they would offer me an unlimited contract instead. Could you please share sound argumentation to successfully negotiate this with the HR department?

  • Country please? In some legislation you may have significant rights at this point
    – Hilmar
    Commented Jan 3, 2020 at 13:22
  • German labor law Commented Jan 3, 2020 at 13:29

1 Answer 1


If you are working in Germany, and at the same company for ten years, then German law puts facts ahead of contracts. In this case, the FACT that you worked there for ten years would override the CONTRACT that says your employment is for say one year only. You cannot use contracts to change facts in Germany. In practice this means that your notice period and your severance pay will be the same as for everyone working at a place for almost ten years.

There's no need to press for a new contract. Actually, a new changed contract could be legally to your disadvantage since you intentionally deviate from the current facts.

  • Just to make this point clear: If the company is not legally based in Germany (I mean, the company could be based elsewhere and still hire a contractor in Germany without having a legal presence in Germany), then this answer does not apply, right?
    – LoremIpsum
    Commented Jan 24, 2023 at 19:24

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .