October non-renewal info
Hearing hearings and non-renewals are coming up for many colleagues in October.
Employment contracts according to NV Stage, are usually limited for one year each. They are automatically extended by one further season each unless one of the contracting parties gives notice of non-extension in good time.
What are the deadlines for non-renewal?
The notice of non-renewal at the end of the season must have been issued by October 31 of the previous year. If an employee has been at a theater for more than eight seasons, the deadline is July 31 - note: the date on which the letter is delivered to the mailbox applies, regardless of whether the employee actually takes note of it.
Before the employer can issue a non-extension notice, it must hear the employee at least two weeks in advance - in a so-called hearing. The employee must be invited to the hearing in writing at least five working days in advance.
Never go to the hearing alone!
It is permitted to bring a work colleague and/or a GDBA official to the hearing. This is absolutely recommended. The accompanying persons must be announced in writing to the employer. The accompanying person should prepare as meticulous a record as possible of the hearing interview, in which the persons present and the reasons presented by the employer side for the non-renewal notice are recorded. It is not uncommon for the hearing discussion with the employer side to include constructive discussion of possibilities for the employee to remain on the scene.
Shall I discuss artistic reasons?
If the employer is not prepared to do this, artistic justifications or discussions on the part of the employee are often neither promising nor useful, because the employer does not have to engage in a discussion. In addition, the so-called artistic reasons for non-renewal notices only reflect the subjective assessment of the employer side, but usually cannot be reviewed in court.
Can I file a lawsuit against the non-renewal?
If the examination of the circumstances of the specific notification of non-renewal in an individual case reveals that the notification of non-renewal may be incorrect, the employee has a four-month period in which to take legal action against the notification of non-renewal. This period begins on July 31 or October 31 and therefore ends either on November 30 or at the end of February.
We help you
If you have received an invitation to the hearing, please contact the chairperson of your local GDBA association immediately. If you have further questions regarding the hearing and the non-renewal notice, please contact the GDBA legal department directly. We will then discuss the case individually.