德国基本法对德国劳动法产生了很大的影响。鉴于雇主和雇员之间的力量不均衡,迫切需要保护雇员的权利免受不适当地限制。如果基本法禁止国家侵犯人的尊严,禁止基于性别、种族、宗教或出身而歧视个别公民,禁止限制个别公民的宗教、政治或社会观点的表达自由,那么这也必须适用于企业制度、私法合同以及雇主行使单方形成权——特别是指示权或解除劳动关系。比如说,联邦劳动法院禁止雇主仅仅因为女雇员由于宗教信仰而在百货公司工作时扎头巾,就解雇她。本文将为这一判决辩护,并且论证基本权利不仅可以帮助公民抵御国家权力的侵犯,而且可以帮助公民抵御私权的侵犯。虽然集体合同以缔约双方——工会与雇主协会或单个雇主——力量相当为出发点,原则上他们能够为自己的成员防止不适当的劳动条件产生。但是力量均衡并不必然能够保证总是恰当地顾及少数派或特定团体(妇女、大学生)的利益。因此本文建议,如果集体合同违反了平等对待的要求或者无视人的尊严,那么无论如何都要以基本权利为标准——尤其是比例原则——对集体合同进行审查。因为集体合同缔约双方可能并不会全力以赴地保护受歧视团体的利益,所以集体自治不能完全发挥出它的功能。而通过运用基本权利,就可以弥补这一功能缺陷。 German Basic Law has had a great impact on German labor law. In view of the imbalance of power between employers and employees, there is an urgent need to protect the rights of employees against undue restrictions. If the basic law forbids the State from violating human dignity, prohibits discrimination against individual citizens on the basis of their sex, race, religion or origin and prohibits restrictions on the freedom of expression of religious, political or social opinions of individual citizens, this must also apply to the corporate system, private law contracts and Employers exercising unilateral right to establish - in particular, the right of instruction or termination of labor relations. For example, the Federal Labor Court banned employers from firing her just because a female employee was bandaged while working at a department store because of her religious beliefs. This article will defend this verdict and demonstrate that fundamental rights not only help citizens to resist the encroachments of state power, but also help citizens to resist violations of their private rights. Although collective contracts are based on the equal strength of the contracting parties - trade unions and employers' associations or individual employers - in principle they are able to prevent inadvisable working conditions for their own members. But the balance of power does not necessarily guarantee that the interests of minorities or specific groups (women, college students) will always be taken into account properly. Therefore, this paper suggests that if the collective contract violates the requirement of equal treatment or disregards human dignity, the basic right standard should be adopted anyway - especially the principle of proportionality - to review the collective contract. Because the parties to a collective contract may not go all out to protect the interests of discriminated groups, collective autonomy can not fully fulfill its function. By using the basic rights, we can make up for this functional deficit.