Termination after temporary work: Saxony Regional Labor Court tightens key regulations

Saxony Regional Labor Court, judgment of May 12, 2025 – 2 SLa 38/24 / Laskawy, Dirk Helge / Lomb, Peggy

In the case of dismissals within the waiting period pursuant to Section 1 (1) of the German Employment Protection Act (KSchG), any prior temporary employment does not count toward the waiting period. The Saxony Regional Labor Court also specifies what information the works council receives in the event of dismissals during the waiting period – and where the line is drawn between an inadmissible "sanction" for reporting sick and an admissible preventive dismissal.

The Saxony Regional Labor Court confirms that, after the transfer from temporary work, the waiting period for protection against dismissal generally begins anew. At the same time, the decision tightens the requirements for works council consultations, classifies dismissals in the context of illness, and clearly delineates the obligations under SGB IX.

For employers, the ruling thus provides valuable guidance and noticeably greater legal certainty in a particularly sensitive phase of the employment relationship.

Clear "dos" for HR practice can be derived from the decision:

• Calculate waiting time accurately: The starting point is the employment contract with the hirer—not the previous temporary employment phase.
• Separate documentation: Clearly structure personnel files and data between temporary work and permanent employment.
• Focus on works council hearings: When terminating a contract based on a value judgment, remain concise but consistent: If incidents/performance data are actually relevant, they must be included.
• Document deadlines/access in a manner that preserves evidence: Record access and the running of deadlines in accordance with Section 102 (2) BetrVG (Works Constitution Act) without any gaps.
• Precisely justify the context of illness: Expressly record internally (e.g., decision memo) that this is a matter of preventive consequences of absence – no "punitive" wording.

Attorney Dirk Helge Laskawy and attorney Peggy Lomb (both from Aderhold) discussed the decision in DER BETRIEB, No. 09, dated February 23, 2026, in the section "Arbeitsrecht Kompakt" ("Waiting period termination after transfer from temporary work").

You can read the entire article in: DER BETRIEB No. 09 – issue in the archive