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在德国,劳动关系原来是由民法调整的。随着经济的发展、法治的逐步完善,劳动法就逐渐从民法中分离了出来,形成为一个相对独立的法律体系。德国劳动关系的建立完全采用市场化的形式,由雇员与雇主自由决定是否发生雇佣劳动关系,并决定工资、工作时间、工作条件、休假、劳动保护等有关事宜。由于劳动者处于劣势的地位,权益往往难以得到保护。为了稳定社会关系,德国制订了独立于民法之外的劳动法,作为劳动司法的劳动法院随之也从普通法院体系中
In Germany, labor relations were originally regulated by civil law. With the development of economy and the gradual improvement of the rule of law, labor law has gradually been separated from civil law and formed into a relatively independent legal system. The establishment of Germany’s labor relations completely adopts the form of marketization. Employees and employers have the freedom to decide whether wage-labor relations occur or not, and determine wages, working hours, working conditions, leave, labor protection and other related matters. Because workers are at a disadvantage, rights are often difficult to protect. In order to stabilize social relations, Germany has formulated a labor law independent of civil law, labor courts as the labor court followed from the ordinary court system