Retirement-Age Provisions Are Not a Case of § 4(2) TzBfG (Federal Labour Court, 6 AZR 18/25)

In its judgment of 31 July 2025 (6 AZR 18/25), the Federal Labour Court (Bundesarbeitsgericht, BAG) had to decide on claims of a female employee whose employment relationship ended, by virtue of a contractual provision, upon reaching the statutory standard retirement age. The claimant relied on § 4(2) of the German Part-Time and Fixed-Term Employment Act (TzBfG) and argued that, as a fixed-term employee, she was being impermissibly disadvantaged compared with permanent employees. § 4(2) TzBfG prohibits treating fixed-term employees differently from permanent employees without an objective reason.

The BAG made clear that employment relationships tied to the standard retirement age do not fall under this special protection against discrimination. The provision covers only "typical" fixed terms, but not retirement-age provisions that end the employment relationship in a plannable and socially secured manner. The purpose of the provision – protection against structural disadvantages resulting from fixed terms – does not apply here; there is therefore no discrimination compared with permanent employees. The appeal on points of law was unsuccessful.

Under employment law, fixed terms up to the standard retirement age are not a case of § 4(2) TzBfG – retirement-age provisions remain an independent, permissible instrument for ending the contract.