[Journal:] Zeitschrift für ArbeitsmarktForschung – Journal for Labour Market Research [ISSN:] 2510-5027 [Volume:] 40 [Year:] 2007 [Issue:] 1 [Pages:] 99-114
Against the background of the current endeavours to relax dismissal protection legislation while simultaneously eliminating the possibility of using fixed-term employment contracts without justifiable reason, this paper outlines the distinctive features of these two areas of individual labour law and also shows where they overlap. Reform proposals and possible limits resulting from German constitutional law and European Union law are described, including insights from comparative law. Above all the author goes into the question of which area the legislator should pay most attention to in order to achieve more flexibility on the labour market. Against the background of the relatively weak legitimation for the use of fixed-term contracts without justifiable reason, the author reaches the conclusion that in fact a reduction of dismissal protection would be preferable to relaxing the legislation regarding fixed-term contracts. Accordingly he recommends relaxing statutory dismissal protection and possibly at the same time extending the area of application of the corresponding regulations.