When not to obey

„Sir, the King of Prussia has made you an officer of the Prussian Army, so that you know when not to obey an order!“ Prince Friedrich Karl to a Major in the Prussian Army (1870)

„ … in those cases, in which the junior-officer comes to the conclusion that his commander is no longer in a position to judge the situation, and where his order has been rendered inadequate by events, it is the expressed responsibility and duty of that junior-officer to either redefine or ignore the order.“ Prussian officer training manual of 1906

Home is where the WIFI is

“I wonder if Germans think their WiFi-issues are a global thing”. That’s how one of my friends from the USA recently expressed his opinion towards the WIFI situation in Germany. They alluded to the impossibility to find free public WIFI in big German cities.

No wonder, since you can even find free mobile internet in the middle of the Israeli desert, in Estonian forests, on top of lonely Georgian mountains and along the highways in California. However, you won’t be able to find it in German pedestrian areas. 

One reason for this lack of WiFi access is a legal situation. The provider of the free Wlan is legally responsible for the inevitable misbehavior of the users; the so-called “Stoererhaftung” (liability for disturbance).

But there is more behind it: The term “Neuland” (unknown territory) circulated a while ago, used by Angela Merkel at a meeting with President Obama, in context with the Internet. However, she did by no means mean the invention “Internet” itself, but rather figuratively the Internet as legal terrain. 

The existing German legal status is just not sufficient to regulate the Internet, which is a contradiction in itself. Simultaneously, legislation works slowly and thus is even less able to keep up with such rapid changes. 

Therefore, the basic dilemma becomes clear: Many Germans (The German institutions, for one) appreciate changes to be clear, regulated and with obvious roles and responsibilities. And in the event of doubt with distinct legal liability. 

In general, changes are usually dealt with slowly but thoughtfully. Thus, if this attitude applies to an uncontrollable and rapidly spreading phenomena such as the Internet, conflict naturally develops. 

German reservation does not solve such conflicts until an explicit and waterproof regulation has been found. But, this manner leads to satisfactory results of the changing process most of the time because „gut Ding will Weile haben“ (“Good things are worth waiting for“).

German Leadership Style … wrong !

Here we go, another misreading of German leadership logic. See correction in ( … ):

“In Germany there is a clear chain of command in each department, and information and instructions are passed down from the top. (no, it goes in both directions) This does not mean, however, that German management is exclusively autocratic (not only not exclusively, not autocratic at all): while the vertical structure in each department is clear, considerable value is placed on consensus.

Equally, the German striving for perfection in systems and procedures carries with it the implication that the manager who vigorously applies and monitors these is showing faith in a framework that has proved successful for all.

Accordingly, German managers motivate staff by showing solidarity with them in following procedures. They work long hours (wrong), obey the rules (a cliché, often Germans will go against or ignore a process or procedure) and, though expecting immediate obedience (a terrible cliché, as if Germans were dogs), insist on fair play. For their part, German employees welcome close instruction (actually it’s the opposite, they want generally-formulated tasks, and not specifically/detailed-formulate orders): they know where they stand and what they are expected to do.”

Command or Auftrag

A command, an order, an Auftrag are all forms in which military commanders communicate their intent. They are different in character, however. Commands and orders are strict, well defined, to be executed as stated. An Auftrag is the least strict in the sense of prescriptive, of defining the how as well as the what.

A command or order allows for little freedom in defining the how. A command defines the what and the how in detail. An Auftrag describes only the goal, thus allowing freedom to choose the best path to it. An Auftrag communicates intent, clearly and within the broader strategic context.

Depending on the situation, the line between an order and an Auftrag is in flux. The core of an Auftrag is the what. It can, though, include parameters such as the when and the where. The more detailed an Auftrag is about the how, the more it takes on the character of a command or order.

“Uncharted territory”

At a press conference held together with Barack Obama, German Chancellor Angela Merkel is quoted as having stated “the internet is uncharted territory for us all”, when asked about the internet surveillance program Prism.

While this statement was received with particular amusement in the web, it also demonstrates a certain German reservation in the face of innovation. One might even call this a resistance towards profound change when it comes to the internet.

That the German federal government is not acting to expand their communication of political content over web platforms is also apparent in their Facebook presence – their profile has only existed since late February, 2015. According to senior communications adviser Seibert: “We did not take [this step] too soon, but we did take it.”

Political Consensus

Gerhard Schröder was chancellor of the red-green – Social Democrats plus Green Party – government from 1998 til 2002, and then after reelection from 2002 til 2005. In his first term the Social Democrats and the Greens had a majority in the Bundesrat, the Upper House, where the sixteen German states are represented to co-decide with the federal government on national policy. The Schröder government had little difficulty passing the legislation they had proposed during the election campaign.

In 2002 the situation began to change, however. Federal elections led to another majority for the Social Democrats and the Greens. But at the state level they lost their majority within a few years. The opposition – Christian Democrats and Free Democrats – had gained the majority in the Bundesrat and were able to block legislation proposed by the Schröder government.

Nonetheless, Schröder‘s coalition was able time and again to craft legislation in a way which served the interests of those state governments led by opposition parties. His government was able to compromise and collaborate with those critical German states led by the Christian Democrats and Free Democrats.

The Allies and Mitbestimmung

“Herewith the establishment of works councils is permitted within all of Germany.”

German Mitbestimmung – co-determination, employee participation in high-level company decision making – is a tradition, law and an institution which most certainly is a source of headaches for American business partners and investors. At the same time the works councils are a source of great pride and self-understanding for all German labor unions as well as for many German citizens.

And although German Mitbestimmung had had a long tradition in Germany, it was the Western Allies, primarily the Americans and the British, who insisted immediately after World War II that the newly established West German state reinstitute it.

After their takeover of power in January 1933 the National Socialists had outlawed the Mitbestimmung, and forced all labor unions to be unified within the so-called Deutsche Arbeitsfront – literally German Workers Front. The goal was to prevent any potential resistance to the regime from among the working class.

With strikes in 1905 in the coal mining Ruhr region the unions had won the right to establish works councils. In the years thereafter the councils gain increasing influence. During the Weimar Republic these gains were written into law.

The works councils represented the economic and social interests of the workers over and against management. It was no surprise, therefore, that the Nazis saw in them potential opposition to their  demand for absolute power. In 1934 the Nazis banned all independent unions and works councils.

It was no surprise, therefore, that what had been a thorn in the side of the Nazis was reinstated by the Allies. Kontrollratsgesetz Nr. 22 – Allied Law No. 22 – in the Spring of 1946 put works councils back in business.

Since then there has been no better instrument to prevent total control by management. Those who pick a fight with a works council go against the self-understanding and pride of the German movement for worker rights.

Flexibility and Independence

Under the title “What American universities can learn from German universities,” Mark Roche, Professor of German studies at the University of Notre Dame, writes:

“Intellectual independence, knowledge as an end in itself, high regard for the humanities: the German university system could serve as a model for the United States in many ways.

What can the United States learn? First, student flexibility and independence, both characteristics of the German university tradition, are important principles of learning. Students learn more when they have to demonstrate independence and initiative.

Before the reform of European universities (the so-called Bologna Process), German students had the freedom to devote themselves to intellectual questions in an organic way, in a manner quite different from the student mentality at most American universities.

There (in American universities), students are given a lot of homework that does not encourage them to delve deeper into a topic for its own sake or to pursue further questions arising from their studies on their own initiative.

Thanks to their education in independence, the best German students proved to be highly motivated and responsible. Self-education requires freedom.”

Source: Frankfurter Allgemeine Zeitung, June 13, 2015.

Line between Strategy and Tactics

An Auftrag implies a certain distance between team lead (who issues the mission) and team member (who completes the mission). This distance is part of a shared logic. The focus is on the mission and less so on the relationship between team lead and team member. The team lead transfers responsibility for the mission‘s completion to the team member.

The team lead as Auftragserteiler – mission issuer – focuses primarily on issues at a higher level than on the particular missions of the team. The team member as Auftragserfüller – mission completer – is willing and capable of defining the how and completing the mission in the spirit of the Auftrag. The team member takes ownership of the mission, works independently, is in a sense more partner than employee of the team lead.

Naturally team leads and members are constantly adjusting the line between what is strategy (responsibility of the team lead) and what is tactics (responsibility of the team member). In the German context, however, this line is set rather high, meaning the team lead formulates the mission consciously in general, less specific terms. This gives the team member maximum freedom on the tactical level.

And although there will be variations in where German team leads and members draw that line between strategy and tactics – based on the people involved, their experience working together and the nature of the work – the logic remains constant:

The German lead purposely avoids adding to the mission statement any kind of recommendations or specifications about how the mission should be executed (tactics). The how is the responsibility of the team member. It is expected of her/him that they complete the mission independently and without unnecessarily drawing on the team lead‘s time and energy.

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