TITLE:
Free or Limited Dismissal by Enterprise Owners in Germany—A Classic and Authoritative Discussion
AUTHORS:
Jianhong Fan, Qing Tian
KEYWORDS:
Dismissal; Dismissal Limits; Labor Contract
JOURNAL NAME:
Beijing Law Review,
Vol.4 No.4,
December
30,
2013
ABSTRACT: Multinational corporations pay great attention
to the dismissal caused by enterprise owners (Arbeitgeberkündigung), especially
in the fierce competition of market economy. In fact, the limits of dismissal
rights of employers are also a key issue in human resources management. However,
the importance of solving this problem reasonably is beyond the law itself.
Once the rationality of the premises that are based on the legislation of
dismissal limits is challenged, the solution drawn from deduction or induction
becomes an issue of ambiguity. This paper will discuss the concept of “dismissal”,
its differentiation with other related concepts, and the concept of dismissal
limits from the perspective of German law. The study also discusses the
following issue from the view upon legal theory: Are the dismissal’s “premises”
of legislation and judicatory rational? This study also sheds lights on the comparative
law in some developing countries.