Regulierung und Bestandsschutz bei betriebsbedingter Beendigung des Arbeitsverhältnisses

The heavily regulated standard employment arrangement and its strong right of continuance are often the subject of heated discussions in politics and academia. In this study, the author faces this controversy by examining the relevant labour and social laws. She thereby addresses the constitutional justification of the protection of existing employment relationships as well as its historical development and the influence of social megatrends. By means of numerous instruments of the labour and social laws as well as the impact of case law, the author points to different types of employment protection and their intensity. This book discusses the limits and possibilities of increased flexibility, while focusing on the limited freedom of disposition about protection against dismissal. As a result, a reduced right of continuance appears necessary; taking into account ‘flexicurity’ under European law, the analysis shows compensation options such as ‘experience rating’ in an unemployment insurance scheme.