United States – Page 95 – understand-culture

Employment law: Basic information

In Germany, all laws and regulations concerning work are summarised in labour law. The protection of workers plays a key role in this. For example, labour law gives you comprehensive rights in relation to your employment contract, wages and holidays.

Termination of the employment relationship

You or your employer may terminate your seasonal employment relationship early. The notice periods to be observed are stated in your employment contract. Your employment may only be terminated without notice in specific cases.

A notice of termination is only valid if it can be proven to have been handed over. This is the case when a notice of termination exists as a written document and has been signed by both parties. A notice of termination is also valid if a witness was present when notice was given or handed over as a written document. Notice of termination by email is not deemed to be written notice of termination and is therefore invalid.

Working hours

The average working hours in Germany is 8 hours per day. This can be extended to up to 10 hours per day for a short period. A rest period of 11 hours is normally prescribed between 2 shifts.

Breaks

If you work between 6 to 9 hours a day, you are entitled to a 30-minute break after no later than 6 hours. If you work more than 9 hours a day, the break is extended to 45 minutes. Labour law prohibits taking the break at the end of the day’s work in order to leave earlier.

Breaks are not considered working time and are therefore not paid.

Holidays

Even as a seasonal worker, you are entitled to paid leave. This is at least 2 days for each month in which you work full time. The holiday pay may also be paid to you at the end of your period of employment if you have agreed this with your employer in advance.

If you work on Sundays or public holidays, your employer must offer you a corresponding number of days off in lieu within 8 weeks.

Wages

A minimum wage is mandatory for all employees in Germany. This means no employer may pay less than this hourly wage. Since 1 January 2022, the minimum wage has been EUR 9.82 per hour gross. This means before taxes and other charges are deducted from this amount.

Even if you have agreed a piecework rate with your employer, you may not earn less than the statutory minimum wage.

Your employer must also give you a pay slip. This lists the tax amounts that will be deducted from your gross wage. If your employer provides accommodation, the cost for this may also be deducted from your wages. The corresponding amount must also be shown on the pay slip.

Colleagues and friends

Differences in the workplace environment can be reflected in the sorts of extra-workplace relationships that develop between co-workers. Company policies aside, of course. Two recent independent surveys of couples in Germany and the U.S. yielded the results that 24.5% of U.S. couples met their partner at work, while in Germany this number lies at only 12%. However, the most common way in which couples met was the same for both countries: through friends.

Too rude

Leon Lederman, the author of the book The God Particle (Higgs Boson) originally wanted to call it The Goddamn Particle because the particle was proving very difficult to find, but his publishers thought that this sounded too rude.

Higgs Boson is a particle which is largely responsible for the mass of subatomic particles. It took almost five decades after the particle was first postulated to find it, largely because of the high energy needed to produce it and how quickly it decays into smaller particles.

Books on advice-giving

When typing in „advice“ into amazon(dot)com – USA – roughly 140,000 books are listed. When inputting Ratgeber (literally advice-givers) into amazon(dot)de – Germany – about 640,000 books are listed.

There 320 million people in the U.S. In Germany there are 80 million. The American population is four times larger than the German. However, there are four times more books written in Germany on giving advice than in the U.S.

The Germans give advice and the Germans take advice.

The German Mahner

“Their approach demonstrates that their entire Middle East policy has been a total failure. It is now necessary to do serious analysis about the havoc the Americans have wreaked especially in Iraq when they started the war based on false claims (of weapons of mass destruction).”

Statements made in response to the dramatic military gains made by ISIS-forces in the Middle East by Peter Scholl-Latour – the recently deceased elder statesman of German foreign correspondents and author of many books, especially about that region.

A closer look at the quote reveals characteristics typical of the German Mahner – from mahnen: to give friendly earnest advice or encouragement to; but also to warn, rebuke, chide, reprimand, reproach.

Before the Mahner can raise his index finger and issue a rebuke, he must have deep subject-matter knowledge and expertise. This includes having done serious and thorough analysis of the matter at hand.

The German public held Scholl-Latour in very high esteem. Time and again he was able to convince his readers and listeners of his point of view based on his almost awe-inspiring presence, on his many years of professional experience in several regions of the world, and on his broad and deep understanding of cultures and politics.

For nothing persuades the German public more than an expert who combines theoretical knowledge of a complex subject with many years of personal experience dealing with that subject.

“Problembewusstsein nicht vorhanden”

In the summer of 2014 several members of the Foreign Relations Committee of the German Bundestag visited Washington, DC. Their talks were overshadowed by media reports that the U.S. had been spying on the Bundesnachrichtendienst (BND, Germany’s intelligence service) and the Verteidigungsministerum (German Ministry of Defense).

The Germans tried to help their American colleagues to understand the Empörung (indignation, anger, outrage) felt by the German people. They did not get very far, the ARD (one of Germany’s major tv networks) stated in their special report titled Problembewusstsein nicht vorhanden – Problem-consciousness non-existent.

The German parliamentarians left Washington with little hope that their colleagues in the Congress would be able to get the American intelligence agencies under control, if Members of Congress themselves were not aware (conscious) of the problems damaging German-American relations.

„Problems“. Quotes

Comparing two German with two American quotes about “problems” provides insight into the differences between the two Problemverständnissen – literally problem-understandings.

“To recognize the problem is more important than to recognize the solution, for the accurate and precise description of the problem leads to its solution.” Albert Einstein

“The conception of the problem is more important than the conception of the solution. More lies in the question than in the answer.” Walter Rathenau

“Most people spend more time and energy going around problems than in trying to solve them.” Henry Ford

“I’ve had a lot of worries in my life, most of which never happened.” Mark Twain

Hair in the Soup

“The hair in the soup” is a German figure of speech which describes well German Problembewusstsein – literally: problem-consciousness. “To look for a hair in the soup” goes even further, describing the strong German inclination to look for problems even in areas where they are not likely to exist.

Richtlinie or guideline

Americans have a higher tolerance for deviating from processes. Americans see processes and procedures fundamentally as tools. Whereas a German colleague sees in a process a Richtlinie (order, instruction), his American counterpart often sees a guideline. The term guideline is often translated into Richtlinie. This translation is false and misleading.

Like their German colleagues, Americans seek that fine line between process-discipline and -flexibility. The moment a process makes unnecessary demands which do not serve the overall goals, that process is deemed rigid. Americans will deviate by reevaluating the most important factors: risk, resources, back-up contingencies, and the final value-added for the end-customer.

Results delivered in a timely fashion, even if the product of a process is not followed step-by-step, are preferred over results delivered too late, but the product of a process vs followed step-by-step. Americans, both as customers and suppliers, can “sleep at night” with the so-called 80%-solution, as long as the missing 20% is compensated by the advantage of speed, responsiveness or price (cost).

When to deviate: Americans are quick to deviate from steps within a process or procedure if: it does not add value, does not help, does not move their work forward; external forces demand it, such as schedule, budget or customer demands; after getting input from experienced colleagues and/or permission from their team lead or process owner; and as long as the deviation conforms (compliant) with laws and regulations.

Americans speak of taking a down and dirty approach, of doing whatever it takes to get the job done, of being pragmatic.

Serve a Good Purpose

Germans believe that when you serve another person – dienen – you have to accept the value system of that person. He who serves, has to do things, has to act in a way, which they might otherwise fully reject. Even more, the person serving is obligated to do their very best. Germans do not consider this a relief, not as a transfer of moral responsibility from the one serving to the one being served. On the contrary, it represents a burden for them, knowing from the very start that they will invariably come into conflict with their conscience.

On the other hand, when a German is willing to serve a good purpose, a cause they believe in, they are freely submitting to a belief, taking a moral stand, agreeing with a set of arguments. They can formulate those arguments in a way which fits their values. If one can no longer support the cause, there is no obligation to continue contributing time and effort.

Psychologically this means that serving a good cause, whether through action, financial assistance or communicating the message, means serving one’s own value system. We are obligating ourselves freely. Independence and self-determination are protected.

But why do Germans have such difficulty with dienen, serving? Perhaps it has to do with the fact that Germans in many ways live mit sich – with themselves, and in sich – in themselves, in the sense of how they live, where they live. Their surroundings are very much a part of their personality, their self-understanding. Unexpected visitors, regulations or limitations on their private lives are quickly interpreted as personal attacks. The boss calling unexpectedly, friends dropping by for a visit, colleagues giveing unsolicited advice concerning their private life make Germans feel uncomfortable.

To serve well, though, means to push to the side one’s own values, beliefs, ways of living. The better one can do that, the better they can serve. And that is the difficult part for Germans. They prefer far more beraten, to advise, or to complete a task. Beraten involves addressing a topic, subject, problem. It is impersonal, independent of one‘s values, lifestyle, belief system.

Back to serving a good purpose. German non-governmental organizations – NGOs – are confronted by the dilemma that they need to function well as organizations, but do not want to give their members the impression that they work for an organization. Internal power struggles are poisonous for small, low-budget organizations. Members need to know that they are serving a higher purpose and not an organizational structure.

For Germans, their work, what they accomplish day in and day out, is very much a part of their personal identity. On the one side this makes it difficult for them to maintain distance from their work. On the other, however, it enables them to work very conscientiously and independently. The German logic is: „Do you want to understand who I am. Look at my work.“