독일 변경해지제도에 관한 재검토

Abstract

Today the Änderungskündigungssystem in Germany usually has been used when user carries out dismissal according to administrative reason. The frequency of change and cancellation in labor market in Germany has been gradually increased proportionally for last 10 years, thus theoretical and working-level discussion about Änderungskündigungssystem are newly considered in various directions now in Germany. Actually the increase of change and cancellation means the economic difficulty of Germany. Because the difficulty of company management frequently results in the change of conditioned change of labor contract relation. The Änderungskündigungssystem in Germany is based on the ultimate step principle of dismissal. It is impossible to keep labor contract relation with specific laborers any more, but if it is possible to keep it under other labor conditions, this must be considered first, thus this meets the ultimate step principle of dismissal. Accordingly, essentially the existence of the possibility of continuous employment under labor conditions is a very important mark of judgement in judging the justice of general dismissal as well. However, The Änderungskündigungssystem is also essential to change labor conditions disadvantageously, but nevertheless it seems to be realized with one-sided intention of cancellation by user, So criticism based on legal theory can be suggested, but actually it is not very pursuable because the precondition of change and cancellation is to assume the situation which general dismissal can carry out reasonably. Now it is necessary to closely examine the Änderungskündigungssystem for better application.