Constitutional complaint in employment law

Also in the field of labor law, which is a branch of civil law, constitutional complaints are conceivable.

From the point of view of the employee, it will often be questions of fundamental social rights and equal treatment. However, one must also take into account that the employer as a private person is not directly bound by the basic rights. However, the Labor Court must base its decision on the basic rights. Often it will questioned whether a reason for termination of a contract existed. Fundamental rights may play a role in the weighing of interests to be taken then.

After a lost trial before the Labor Court (in the last instance before the Federal Labor Court), the employer will be confronted with the fact that the court has forbidden him to make entrepreneurial decisions. This intervenes in its economic freedom and thus in its ownership (Article 14 of the Basic Law). In that regard, the established and practiced business enterprise is sometimes understood as its own protection under constitutional law.

These opposing legal positions will often have to be weighed up against each other. The labor courts usually do this only at the level of the simple right. A constitutional complaint – regardless of whether from the point of view of the employee or the employer – must therefore also take fundamental rights into account in detail.

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