Judges’ Continuing Construction in Enterprise-Conditioned Employer Dismissal in Germany: Specific Research of the Proportion PrincipleReport as inadecuate




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A common theme must be ensuring equity to protecting the job security of employees, when the enterprise owners implement the dismissal right due to enterprises reasons. There are yet many problems needing to be solved in the interpretation, application, construction and supplementation of the norm of -social rationality- according to German Federal Dismissal Protection Statute. It is important to Germany itself but will also have far-reaching effects on foreign countries that have enterprise in Germany. Nevertheless, it is not easy for designing a new control structure for such dismissal. In this paper, a legislative space of social rationality could be continuingly constructed or supplemented successfully. This should thus be welcomed by international judges, lawyers and citizens.

KEYWORDS

Dismissal Right, Social Rationality, Urgent Enterprise Need, Continuing Construction of Legislation Space, Opinio Juris, Principle of Proportionality, Control Structure

Cite this paper

Fan, J. 2014. Judges’ Continuing Construction in Enterprise-Conditioned Employer Dismissal in Germany: Specific Research of the Proportion Principle. Beijing Law Review, 5, 322-341. doi: 10.4236-blr.2014.54030.





Author: Jianhong Fan

Source: http://www.scirp.org/



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