@article{oai:nagoya.repo.nii.ac.jp:00018865, author = {Wank, Rolf}, journal = {CALE Discussion Paper}, month = {Jun}, note = {In Germany as well as in Japan recent years showed a continuously rising number of nonregular work. As the problems and the solutions are similar in both countries, a comparison seems to be useful. Employment law did not start with the figure of an „employee“, but by different kinds of professions. Only later the abstract figure of an employee was created, and employment law was orientated at this figure. Meanwhile the idea has gained acceptance that non-regular work needs now full attention. First of all there are three types of atypical employees, part-time workers, fixed-term workers and temporary agency workers. There are special rules for their protection. The most important one is the prohibition to discriminate against them in comparison with the corresponding comparable regular employee – with different attitudes in Germany and Japan. Another type of non-regular employees are those that are typically endangered of being discriminated against. Whereas typical and atypical work refers tot he kind of employment contract, this group - and the next one, too – refers to characteristics of the person. In Germany there are eight items of forbidden grounds; one of them corresponds with Japanese law, equal treatment of men and women. Finally there is a group of employees that need special protection, like pregnant women, mothers, old age employees, children and youths. Both legal systems provide special rules for their protection. This paper wants to give a first overview on all kinds of non-regular work in both countries. What is desirable are further studies how these different ways of protection comply with each other and what solutions in one of the two countries give reason to reflections for the legal system of the other country.}, pages = {1--99}, title = {Non-regular Employment in Germany and in Japan}, volume = {10}, year = {2014} }