Das Gebot fairen Verhandelns im Arbeitsrecht

In its much-noted ruling of 7 February 2019, the Federal Labour Court (Bundesarbeitsgericht – BAG) decided that a termination agreement under labour law can also be invalid if one contracting party was unduly influenced during the contract negotiations. Within the framework of a comprehensive evaluation of case law and literature spanning two legal systems, the author examines the origin and content of this controversial legal concept and develops proposals for substantiating its criteria. At the same time, she argues for the introduction of a general right of revocation for termination agreements under labour law as a clear legal policy signal for optimised employee protection and rounds off her study with a concrete draft of such a right of revocation.