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Judges’ Continuing Construction in enterprise-conditioned employer dismissal in Germany: specific research of the proportion principle
Jianhong Fan
2014-12
Source PublicationBeijing Law Review
ISSN2159-4635
Volume5Issue:4Pages:322-341
Abstract

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.

KeywordDismissal Right Urgent Enterprise Need Continuing Construction Of Legislation Space Opinio Juris Principle Of Proportionality Control Structure Social Rationality
DOI10.4236/blr.2014.54030
Language英語English
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Document TypeJournal article
CollectionFaculty of Law
Corresponding AuthorJianhong Fan
AffiliationUniversity of Macau, Macau, China
First Author AffilicationUniversity of Macau
Corresponding Author AffilicationUniversity of Macau
Recommended Citation
GB/T 7714
Jianhong Fan. Judges’ Continuing Construction in enterprise-conditioned employer dismissal in Germany: specific research of the proportion principle[J]. Beijing Law Review,2014,5(4):322-341.
APA Jianhong Fan.(2014).Judges’ Continuing Construction in enterprise-conditioned employer dismissal in Germany: specific research of the proportion principle.Beijing Law Review,5(4),322-341.
MLA Jianhong Fan."Judges’ Continuing Construction in enterprise-conditioned employer dismissal in Germany: specific research of the proportion principle".Beijing Law Review 5.4(2014):322-341.
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