Die betriebsbedingte Kündigung in Deutschland und China

This work focuses on the dismissal based on operational requirements in Germany and China from a comparative legal perspective. One particular question to be explored is what types of “operational requirements” can justify a dismissal and how such “operational requirements” are handled in practice. After that, this work will discuss the “last resort principle”. A dismissal based on operational requirements demands that no other vacant jobs suitable for the employee exist in the company. Finally, a “social selection” is required for the dismissal based on operational requirements. With a thorough investigation of the relevant legislation, taking into account the legal cultural differences between Germany and China, it is expected that this work can contribute to the jurisprudence of Chinese labor protection law, which is still far from ripe. Meanwhile, the introduction to Chinese labor protection law can provide some inspiration for the relevant legal policy and legislation in Germany (“Fifth Interpretive Method”).