The law on protection against dismissal is immanent in the tension between the protection of freedom and the threat to it. It is necessary because there is an imbalance of power on the labor market in favor of employers. At the same time, it is partly responsible for the prevailing unemployment situation, because it prevents people from being hired. In this paper, therefore, the author asks, in the interest of distributive justice in the labor market, whether it is constitutionally possible to make the economic findings about the labor market consequential for legal dogmatics. This involves the importance of the freedom of occupation for employees, which is to be realized exclusively together with employers. This refers to the question of the validity of fundamental rights in the private sphere. Theoretically, this means an extension of fundamental rights in the sense of duties to protect in favor of workers.