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本文分析了德国劳动法目前尚无定论的三个侧面,也可以称之为劳动法的三个难题:规避劳动法的合同形态、企业自由的充分利用以及实施难题等。分析了针对这些难题的三种解决机制,即国家行政官署的干预、雇员和独立主管机关通过启动司法程序解决以及劳动者在确定范围内采取自救行为等。在此基础上对劳动法的未来进行展望,指出有望通过解决劳动法实施中的缺陷、学习他国经验以及国家行政官署的干预等方式解决或完善劳动法中尚无定论的侧面。
This article analyzes the three sides of the German labor law, which are still inconclusive at present, and can also be called the three problems of the labor law: the contract form of labor law avoidance, the full utilization of enterprise freedom and the implementation difficulties. Three solutions to these problems were analyzed, namely the intervention of the State Administration, the resolution of employees and independent authorities through the initiation of judicial proceedings, and the self-help behavior of workers in certain areas. On this basis, the future of labor law is prospected, and it is pointed out that it is expected to solve or improve the unsolved side of labor law by solving the defects in the implementation of labor law, learning from the experience of other countries and the interference of the State Administration and Government.