Success with Noerr – TV productions may continue to limit the terms of actors’ contracts
Noerr has successfully represented a TV production company in a dispute regarding fixed-term employment contracts with actors. In the final instance, the German Federal Labour Court today confirmed the permissibility of the term limitations (7 AZR 864/15).
In the appeal on legal issues, the Federal Labour Court confirmed two judgments issued by the Munich Higher Labour Court from the year 2015. In that year, the judges had ruled that, due to the unique nature of the work, it is in principle permissible to repeatedly employ actors for a limited time period during production. In the two specific cases, two actors that had played police commissioners for 28 and 18 years in a TV series and been placed under contract for each individual episode had objected to the ending of their involvement in the series.
The ruling by the Federal Labour Court creates legal certainty for the producers of films and series. “The judgment is significant, particularly in light of the European Court of Justice’s stricter prerequisites for limiting the term of employment agreements,” Dr Marco Tucci emphasised. The Noerr partner and employment law expert advised the client in the proceedings and represented it in all instances.
Representation of the TV production company: Noerr LLP
Dr Marco Tucci, Dr Daniel Dommermuth-Alhäuser (both Employment & Pensions, Munich)