德国告别标准劳动关系了吗?

Has Germany Bid Farewell to Normal Employment Relations?

20世纪末期,标准劳动关系中劳动者收入的降低成为德国劳动法的主要问题,这一问题直指标准劳动关系保障劳动者稳定生计的核心功能。与此同时,非典型用工呈现上升趋势,加之老龄化、全球化和数字化的新挑战,德国似有告别标准劳动关系及放弃劳动法与社会法规范之象。然而,无固定期限的标准劳动关系不仅是劳动者与雇主之间法律关系的命脉,同时也是德国社会法体系的逻辑起点。对德国而言,在面对各种挑战时,如若仍需要进一步发展劳动关系与巩固社会保障,不仅不应告别标准劳动关系,而且必须由劳动法与社会法保障的标准劳动关系继续发挥核心作用。

At the end of the 20th century,the reduction of workers’income in normal employment relations became the main problem faced by German labor law.This issue had a direct impact on the core function of normal employment relations to ensure the stable livelihood of workers.At the same time,atypical employment is showing an upward trend.Coupled with the new challenges of aging,globalization and digitization,Germany seems to bid farewell to normal employment relations and abandon labor and social law norms.However,the normal employment relations with no fixed period is not only the lifeblood of the legal relationship between workers and employers,but also the logical starting point of the German social law system.For Germany,in the face of various challenges,if there is still a need to further develop labor relations and consolidate social security,it not only should not bid farewell to normal employment relations,but to continue play the central role of normal employment relations guaranteed by labor law and social law.