Germany Archives - Page 74 of 108

Ultima ratio

German workers do not like to strike. It is considered the ultima ratio – weapon of last resort – used only when negotiations about wages and worker‘s rights have completely broken down.

In 2002, when the German government passed painful but necessary social and employment reforms, there were strikes in 938 companies. In 2000 there was not a single strike. 2001 saw only 48 strikes. A decade later, in 2011, there were 158. On average only three days a year are lost due to strikes in Germany.

Ultima ratio. Latin ultimus, the last, final, the furthest away. ratio: reason, reasonable thoughts; the last possible solution, the final remaining path out of a conflict.

Friedenspflicht. Literally peace obligation or obligation to keep the peace. When German employers and employees enter into wage negotiations they are obligated for the first ten days to refrain from strikes or lockouts.

The Friedenspflicht is anchored in §74 of the Betriebsverfassungsgesetzes, the law governing the relations between employers and employees:

The employer and the works council (a kind of white collar union) should meet at a minimum once per month in order to discuss potential conflicts and to propose in good faith recommendations on how to resolve them. The employer and the works council are obligated to refrain from methods of pressure – strikes, lockouts, etc. – which could disrupt company operations.

In 1923, during the politically unstable Weimar Republic, the Stresemann government passed laws requiring a mediator to resolve conflicts between employers and labor. Should companies and labor unions not come to agreement on wages and other benefits, the government had the power – and the obligation – to engage an arbitrator, whose decisions were legally binding.

German schools train both students and teachers to anticipate and prevent potential conflicts, as well as to mediate those which have been escalated.

The Prussian military instituted a rule informally called the Prussian Night, which obligated conflict parties to not escalate their problems within the first 24 hours of the conflict. Those in conflict should first „sleep over it“, then decide how to proceed.

Mediation Law

Germans prefer to resolve their conflicts without taking it to the courts, and with the help of a neutral, third party. The so-called mediation law permits these resolutions to be legally binding. Mediation reduces the workload of the courts and often leads to a resolution accepted by both conflict parties.

Mediation is a structured approach which guarantees that its proceedings do not become public. The conflict parties participate freely in the mediation process and are asked to seek resolution in good faith.

The mediator is a neutral and independent party, but has no power to force a resolution. The mediator guides the conflict parties to a resolution which they have formulated.

The mediation law also allows for ombudsmen, or neutral third party organizations, which also offer conflict resolution services. These include banks, insurance companies, the German rail system, scientific research organizations, local utility companies, real estate associations, legal organizations. The association of banks, for example, in 2011 resolved over 8,000 conflicts. The insurance association resolved just over 17,000 conflicts.

Zurückhaltung

Zurückhaltung: reluctance, reticence, caution, reserve, modesty, moderation, self-effacement.

Verschwiegenheit: secrecy. discretion, discreetness, reticence, sercretiveness.

Feingefühl: sensitivity, sensitiveness, delicacy, tactfulness, tact.

Rücksichtnahme: consideration, thoughtfulness, considerateness.

Fingerspitzengefühl: flair, tact, sure instinct, finesse, ability to deal with sensitive issues.

Hart aber Fair

Hart aber fair – Hard but Fair – is a very popular weekly 75-minute talkshow in Germany about political topics. The moderator, Frank Plasberg, and his guests take on especially current and controversial issues.

As the name of the show suggests the discussions are open, lively and controversial. The show is well prepared and well structured. Ideological speech-making is blocked. Facts and logical argumentation are critical.

Between five and six guests are invited representing politics, academia, non-governmental organizations as well as “the man or woman off the street.”

The guests are carefully selected to represent the specific sides of the argument. The show’s research staff provides background information during certain segments.

Wirkung

Effizient. Latin efficiens, efficient; a large effect based on little effort; to achieve much with less; economic, economical.

Wirkung. Effect, output, results; a change realized by energy, effort, input; infuence; a sustained, positive effect.

Wirtschaftlich. Economical; concerning the economy; monetary, financial; to work intelligently; to be frugal, to save money; to achieve the maximum based on available resources.

Weniger ist mehr. Less is more. To focus on the essence, on the core. Functionality trumps design, thus saving time, resources, money. Often heard in the fields of design and architecture.

Effizient, nicht effektiv arbeiten. Work efficiently, not just effectively. A figure of speech often heard in the German workplace, meaning to do more than reach your goals by doing it efficiently.

Kleine Ursache, große Wirkung. Literally small cause, large effect. A figure of speech pointing out how small things – good and bad – can lead to very significant outcomes. In the German context it is a warning to pay close attention to the details of one‘s work.

Was nicht in die Masse dringt, ist unwirksam. What doesn‘t reach the masses, is ineffective. A quote attributed to Karl Jaspers, one of Germany‘s most influential philosophers of the post-War era. It is often used in discussions about the effectiveness of advertisement.

Efficient and inefficient

Many of the most popular brands of children’s toys in the U.S. are wooden toys manufactured by fairly small companies. Compared to mass-produced plastic toys from China, they are inefficient to produce and more expensive to ship. Quality and design is the focus, not speed or quantity.

American-made tools: The websites of popular American toolmakers such as Snap On and Craftsman include many statements about non-negotiable product quality and safety but make no mention of efficiency. Production of American products often maximizes quality and safety while giving much less attention to efficiency of production.

U.S. health care: The delivery of health care in the United States is perhaps the best example of disregard for efficiency in exchange for safe, high-quality output. According to a report from the Institute of Medicine, „about 30 percent of health spending in 2009 – roughly $750 billion – was wasted on unnecessary services, excessive administrative costs, fraud, and other problems.“

The reasons for this waste are complex, but the underlying logic is that in the health care sector (and in most other industries), Americans view a safe, comfortable, and positive output as the primary goal of their activities; therefore, efficiency is often ignored.

U.S. military: The U.S. military spends vast sums of money to achieve the strategic goals of the nation. For example, it costs the U.S. an estimated $1 million dollars to outfit a single soldier in Afghanistan for a year. The U.S. has spent more than $1 trillion dollars fighting wars in Iraq and Afghanistan since 2001. The key focus of military operation is achieving the strategic objective (or output); efficiency and costs are rarely discussed. If they are discussed, they are always secondary to achieving the mission.

Federal hiring process: President Obama signed a memorandum in February 2010 ordering the Office of Personnel Management to streamline the federal hiring process. Although implementing this order will vary across different agencies, the act symbolizes a concerted effort to add efficiency to what was previously an incredibly slow and ineffective process.

Hotel chains: Many companies cannot focus exclusively on output while neglecting efficiency. Hotel chains have started to encourage customers to conserve water (thereby increasing efficiency) by re-using towels and not changing linens every day. These campaigns are often marketed as „eco-friendly.“ They are aimed at lowering costs and increasing the company’s efficiency. The output must be of good and uniform quality, but if the company does not operate efficiently, then it will not be profitable.

Assembly line: With the assembly line Henry Ford revolutioned the automotive industry and the way products are produced in almost every industry. This new manufacturing process made building cars more efficient. Because of the increase in efficiency, the cost to produce a car went down and when production costs were lowered, so was the retail price of the cars. Today, almost all products – from faucets to airplanes – are produced in some form of assembly line.

Knowledge Society

Because Germany has few natural resources, its economy has had to produce high quality, high technology products and services.

In politics, economics and the media the Germans stress time and again the importance of maintaining a knowledge society, of education as its key resource. Germany‘s high standard of living, its high level of social welfare services, can only be financed if it can continue to develop and market high margin goods and services. The Germans stress, therefore, the need to produce generations of scientists and engineers.

There is consensus across the country on this point. Every chancellor, state governor, head of a major German company stresses time and again how critical it is to stay on the cutting edge of science, engineering, technology. Germany sees itself as the land of ideas, recognizes that its future depends on it producing breakthrough ideas.

In dubio pro reo

In German conflict situations, such as criminal law, the general rule “in dubio pro reo” (when in doubt, for the accused) applies. During the examination of a conflict and in reconstruction of the facts, it is requird that the judiciary be extremely accurate.

This means among other things, that subjective evidence, such as taking testimonies on the basis of assumptions (even though they might be accurate), are not sufficient indications of the facts. This protects the German defendants from unlawful decisions.

However, this also means that even if the subjective evidence is convincing, the prosecutor does not have the right to use it, unless and until objective evidence (e.g. reviewed testimonies, video- or tape recordings, images) verifies it.

If the prosecutor is not able to find such evidence and tries to support his argument by using subjective testimony, he still carries the burden of proof.

Let’s take the example of a prosecutor whose house was graffitied. The prosecutor does not know with certainty that the graffiti was actually done by the defendant, but he has a strong subjective presumption since the defendant is a well-known graffiti artist in the neighborhood.

The prosecutor carries the burden of proof. Relying only on subjective reasoning will lead to the lawsuit being rejected due to lack of conclusiveness.

Good old watering can

Gardena is located in Ulm, Germany. With approximately 420 million Euros in yearly revenues it is Europe’s leading maker of gardening tools. Owned by the Swedish Husqvarna-Group, Gardena was founded in 1961 by Eberhard Kastner und Werner Kress.

One of Gardena’s products is the Micro-Drip-System. The Gardena website says: “Water your yard the intelligent way!” Watering manually is hard work and it leads to “uneven results.”

The Micro-Drip-System is a great relief, “because you only need to turn on the water (faucet, spigot) or to give the command into the system’s on-board computer.”

“The system does the rest of the work itself.” Instead of watering too much or too little, the grass and plants get just the amount they need as determined by sensors which measure humidity and rainfall.

Gardena tools are so intelligent that they can decide themselves how much water is necessary for even and uniform growth. This also saves water.

Of course, the question remains if the proud homeowner would not prefer to demonstrate his or her gardening expertise by using the good old watering can.

Patience of an Angel

That Germans avoid rushing into action is imbedded in many of their figures of speech. They communicate the advantages of being patient, and the disadvantages of hastiness and pseudo-solutions to problems.

“Geduld bringt Rosen” – patience brings roses. “Gut Ding will Weile haben” – good things need time. Patience in the German language is often seen as a superhuman trait.

Chancellor Angela Merkel. 2019. Press conference. European Union Summit in Brussels postponed. 0:38 Gut Ding will Weile haben.

Germans speak of Engelsgeduld – the patience of an angel. “Geduld ist eine Tugend” – patience is a virtue.

Even when Germans have to move fast, when they know that they need to “hurry up”, they say “Eile mit Weile!” Eile is speed, rush, hastiness. Weile is stay, linger, dwell. Meaning something like “Hurry up, but take your time doing it.