Free or Limited Dismissal by Enterprise Owners in Germany

Multinational corporations pay great attention to the dismissal caused by enterprise owners (Arbeitgeberkündigung), especially in the fierce competition of market economy. In fact, the limits of dismissal rights of employers are also a key issue in human resources management. However, the importance of solving this problem reasonably is beyond the law itself. Once the rationality of the premises that are based on the legislation of dismissal limits is challenged, the solution drawn from deduction or induction becomes an issue of ambiguity. This paper will discuss the concept of “dismissal”, its differentiation with other related concepts, and the concept of dismissal limits from the perspective of German law. The study also discusses the following issue from the view upon legal theory: Are the dismissal’s “premises” of legislation and judicatory rational? This study also sheds lights on the comparative law in some developing countries.