Non-renewal / non-renewal

Nichtverlängerung / non-renewal (see english version below)

Employment contracts at the theater that are subject to the NV Bühne collective bargaining agreement are each limited for one year. However, they shall be automatically extended by one further year each unless one of the contracting parties issues a non-extension notice in good time. Non-renewal notices must be received by the other party by October 31 of a season. Anyone who has not received a non-renewal notice by this date (the date on which the letter is in the mailbox applies, regardless of actual knowledge), whose contract does not end with the current season, but is renewed for the following season.

If an employee has been at a theater for more than eight seasons, the non-renewal notice must have been given by July 31 of the previous year.

If the employer wishes to issue a non-renewal notice, it must hear the employee at least two weeks beforehand - the so-called hearing interview. A written invitation to the hearing must be issued no later than five days before the hearing (note: date of dispatch).

It is permitted to bring a work colleague and/or a GDBA official to the hearing. This is absolutely recommended. The employer must be informed in writing that the accompanying person(s) will be coming along. It is then highly recommended that - often by an accompanying person - the most meticulous possible minutes of the hearing are drawn up, in which the persons present and the reasons given by the employer for the non-renewal notification are recorded.

It is not uncommon for the hearing with the employer to include constructive discussions of the employee's options for remaining on the stage. If the employer is not prepared to do this, artistic justifications or discussions on the part of the employee are often neither promising nor meaningful. This is especially true since the existence of so-called artistic reasons for non-renewal notices is mainly subject to subjective evaluation by the employer, but is generally not subject to judicial review.

Should the examination of the circumstances of the specific non-renewal notice in an individual case reveal that the non-renewal notice may be incorrect, the employee(s):in shall have a four-month period to appeal against the non-renewal notice.

In such a case and, of course, if you have further questions regarding the hearing and the non-renewal notice, please contact the GDBA legal department. We will then be happy to advise you individually on your case.

non-renewal

Employment contracts at the theater that are subject to the NV stage collective bargaining agreement are each limited for one year. However, they are automatically extended by a further year if one of the contracting parties does not give notice of non-renewal in good time. Notification of non- renewal must be received by October 31. of a season by the other contracting party. Anyone who has not received a non-renewal notification by that date (the day on which the letter is in the mailbox applies, regardless of actual knowledge), their contract does not end with the current season, but is extended for the following season. If an employee: has been at a theater for more than eight seasons, the notification of non-renewal must even be received by July 31. of the previous year.

If the employer wants to issue a non-renewal notification, he/she must hear the employee at least two weeks in advance - the so-called hearing. Invitations to the hearing must be made in writing, at least five days before the hearing (attention: date of dispatch). He / she is allowed to take a work colleague and/or a GDBA functionary in to the hearing. This is also strongly recommended. The employer must be given notice in writing that the accompanying person will come with you. It is then absolutely recommended that - often by the accompanying person - a meticulous record of the hearing is drawn up, in which the people present and the reasons for the non-renewal notification given by the employer are recorded.

It is not uncommon for the employer to discuss constructively possibilities for the employee to remain at the theater in the hearing. If the employer is not willing to do this, artistic justifications or discussions on the part of the employee are often neither promising nor useful. This, especially since the existence of so-called artistic reasons for non-renewal notifications are mainly subject to the subjective assessment by the employer, but are usually not subject to judicial review.

Should the examination of the circumstances of the specific non-renewal notification in individual cases show
that the non-renewal notification could be incorrect, the employee must: sue the non-renewal notification within a period of four months.

In such a case and, of course, otherwise, if you have further questions about the hearing and the non-renewal notification, please contact the legal department of the GDBA. We will be happy to advise you individually.