The Requirement of Fair Negotiation (Gebot des fairen Verhandelns) and the Principle of Undue Influence in German and US Employment Law

IF 0.8 Q3 INDUSTRIAL RELATIONS & LABOR

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2024-01-01 DOI:10.54648/ijcl2024003

Hannah Michels

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Abstract

In its decisions of 24 February 2022 and 7 February 2019, the German Federal Labour Court (BAG) ruled that German labour courts should take into account whether a breach of the requirement of fair negotiation had occurred in assessing the validity of termination agreements. The Court thereby aimed to improve the protection of employees who have been improperly pressured by their employer into concluding a termination agreement. Arguably, the principle of undue influence in US contract law fulfils a comparable function. This article analyses the BAG decision then addresses the question of the comparability of the legal concepts. Since the concept and scope of undue influence are not easy to grasp, the definition in US case law and the practical application of the legal concept are analysed. Based on this analysis, the article considers whether a US civil court would have decided the BAG case in the same way. The article concludes that the principles in German and American law lead to similar outcomes. Requirement of Fair Negotiation, Undue Influence, German Labour Court, US Contract Law, US Civil Courts

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德国和美国就业法中的公平谈判要求（Gebot des fairen Verhandelns）和不当影响原则

德国联邦劳工法院（BAG）在 2022 年 2 月 24 日和 2019 年 2 月 7 日的判决中裁定，德国劳工法院在评估解雇协议的有效性时应考虑是否违反了公平协商的要求。因此，法院旨在加强对受到雇主不当施压而签订终止协议的雇员的保护。可以说，美国合同法中的不当影响原则也具有类似的功能。本文分析了 BAG 案的判决，然后探讨了法律概念的可比性问题。由于不正当影响的概念和范围不易掌握，本文分析了美国判例法中的定义以及该法律概念的实际应用。在此基础上，文章考虑了美国民事法庭是否会以同样的方式判决 BAG 案。文章的结论是，德国和美国法律中的原则导致了相似的结果。公平谈判要求、不当影响、德国劳资争议法庭、美国合同法、美国民事法庭

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来源期刊

International Journal of Comparative Labour Law and Industrial Relations INDUSTRIAL RELATIONS & LABOR-

CiteScore

1.00

自引率

12.50%

发文量

期刊介绍： Published four times a year, the International Journal of Comparative Labour Law and Industrial Relations is an essential source of information and analysis for labour lawyers, academics, judges, policymakers and others. The Journal publishes original articles in the domains of labour law (broadly understood) and industrial relations. Articles cover comparative and international (or regional) analysis of topical issues, major developments and innovative practices, as well as discussions of theoretical and methodological approaches. The Journal adopts a double-blind peer review process. A distinguished editorial team, with the support of an International Advisory Board of eminent scholars from around the world, ensures a continuing high standard of scientific research dealing with a range of important issues.