Individualvertragliche Kündigungsausschlüsse in der Sozialauswahl

According to applicable law, the impact on third parties resulting from individual contractual exclusions from dismissal in the context of the social selection process does not comply with the legislative intent. This derives from the analysis of § 1 KSchG, which is presented in detail in this thesis. Consequently, there is no displacement of a colleague who is more in need of protection. In order to enable third-party influence on the outcome of the social selection process through exclusion clauses in individual employment contracts, a reform of the law is necessary. To this end, a suggestion is drawn up in conclusion which best accommodates the interests concerned and practical considerations.