Eine Untersuchung vorangegangener Bemühungen um ein Arbeitsvertragsgesetz und Analyse möglicher Erfolgsaussichten des Reformprojekts
A SUMMARY AND INTRODUCTION IN ENGLISH
“Incomplete labour contract law”, “fragmented over separate acts”, “contradic- tory, arbitrary jurisdiction” – these are just a few points of criticism which are put forward by various legal scholars in relation to the current labour contract law in Germany. Thus there are claims to codify it and include the existing acts as well as the case law in one single labour contract code. Two initiatives should be highlighted in this context: In 2006 the Bertelsmann foundation presented in cooperation with two well-known German university professors a draft law for such a codification. Another draft law was presented early in 2009 by the Ger- man Confederation of Trade Unions (DGB). The aims are to heal the mentioned defects, simplify the subject matter and increase calculability and therefore es- tablish a sustainable labour contract law in Germany. But one central question remains: Could such a codification project, especial- ly considering the previous progression in this field, be crowned with success? The demand for a codification of the whole labour law is anything but topi- cally. For about 100 years the question whether such a project can be realized in Germany has been asked. This book will initially investigate the historic efforts for a labour contract law code in Germany. Starting from the German Imperial period (1871-1918) up to the reunified Germany (since 1990) – including the periods of the Weimar Republic (1918- 1933), the National Socialism (1933-1945), the Federal Republic of Germany (1949-1990) and the German Democratic Republic (1949-1990) – a historic re- view will...
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