Limitation periods

Many employment contracts contain so-called exclusion or expiry periods. After expiry of the period specified therein, claims arising from the employment relationship expire if they are not asserted within the specified period. These are often two-stage preclusion periods. In the first stage, you or your employer must assert your claims against the contractual partner. If you are unable to reach an agreement with your employer, the claim must be asserted in court at the second stage. In principle, three months must be available for both stages. A shorter period is generally unreasonable. Overall, preclusive periods in employment contracts are almost always subject to a general terms and conditions check. This means that the limitation periods do not apply to minimum wage claims, claims for injury to life, limb or health and other claims such as Vacationclaims. Otherwise, the clause is invalid. If you have any doubts as to whether your claim is covered by such a preclusive period, it is best to seek legal advice promptly. In addition, collective agreements and Works agreementcontain deviating regulations that are subject to other rules.