Section 271 of the German Civil Code governs the time of performance. If no time has been set, the creditor can demand performance at once. If a time has been set, the second paragraph applies. Ist eine Zeit bestimmt, so ist im Zweifel anzunehmen, dass der Gläubiger die Leistung nicht vor dieser Zeit verlangen, der Schuldner aber sie vorher bewirken kann. If a time has been set, it is to be assumed, in case of doubt, that the creditor may not demand performance before that time, but the debtor may perform earlier. Once the date is agreed, the creditor waits. The debtor may deliver early.
Only When It Is Obvious
Many German construction contracts include the standard terms known as VOB/B. Section 5 sets the deadlines for the work. It gives the client the right to demand more effort from the contractor in one case. Wenn Arbeitskräfte, Geräte, Gerüste, Stoffe oder Bauteile so unzureichend sind, dass die Ausführungsfristen offenbar nicht eingehalten werden können, muss der Auftragnehmer auf Verlangen unverzüglich Abhilfe schaffen. If workers, equipment, scaffolding, materials or components are so insufficient that the deadlines obviously cannot be met, the contractor must remedy this without delay on request. The condition is in the word offenbar, obviously.
Visitor Posts Need the Works Council
A German group of blood donation services ran a Facebook page. Visitors could post on it without prior review. Some posts were about employees. One complained about how a staff member had placed the needle. Another accused a doctor of skipping a proper examination. The group works council demanded a say. On 13 December 2016, the Federal Labor Court agreed in part. The page itself could stay. The function for visitor posts, however, counts as a technical device for monitoring employees under Section 87 of the Works Constitution Act. Posts about the conduct and performance of employees who can be identified are public, and they can be stored and evaluated. The employer may switch the function on only with the consent of the works council or a decision of the conciliation board.
No Keylogger Without Suspicion
In April 2015, a German employer told its staff by e-mail that internet traffic would be logged. The next day, it installed software on a web developer’s computer. The software recorded every keystroke and took regular screenshots. The data showed some private use during working hours, and the employer dismissed the developer. On 27 July 2017, the Federal Labor Court ruled the dismissal invalid. The employer could not use the keylogger data in court. The court held that such software is allowed only if there is a durch konkrete Tatsachen begründeter Verdacht einer Straftat oder anderen schwerwiegenden Pflichtverletzung, a suspicion of a crime or another serious breach of duty that rests on concrete facts. Monitoring ins Blaue hinein, into the blue, without such a suspicion, is not allowed.
Agreed is agreed
Abgemacht ist abgemacht.
Ein Mann, ein Wort — a man, a word.
Darauf kannst du dich verlassen — you can rely on that.
Sein Wort halten — to keep one’s word, and sein Wort brechen, to break it, which is spoken of as damage done to the word itself.
The German expressions treat the agreement as a thing that exists after the conversation ends, independent of either party’s continued attention.
Chasing reads as doubt
A German supplier contacted mid-project to confirm that the agreement still holds will hear the question as it was not asked. The enquiry implies that something might have changed, that the priority might have slipped, or that the supplier might have forgotten. None of those is a neutral suggestion.
Payment falls due without asking
For monetary claims, a German debtor falls into default at the latest thirty days after the debt becomes due and the invoice arrives — without any reminder being sent. The provision is § 286 Abs. 3 BGB. The creditor is not required to chase. The obligation runs on its own clock.
Contracts must be kept
Pacta sunt servanda is quoted in German legal education as the foundation of contract law, and German civil law treats the binding force of agreement as a starting premise rather than as one consideration among several. An agreement is not a statement of current intention that both sides revisit. It is the thing that was settled.
Follow-up Ok
Despite German reluctance to use follow-up, there are situations in which it is unavoidable: In order to stick to a well-defined plan; when the customer requests information; if work results are not delivered on time. The Germans prefer the term 'nachfassen' – literally, after hold. Or 'nachhaken' – literally, after hook or check.
Follow-up in Germany can be either negative or positive. Negative in the sense of control. Positive in the sense of support. Follow up – negative – questions one's ability and willingness to produce good work results. At the same time – positive – it is essential to checking technical details, getting necessary information, verifying due dates.
Organizations which are time-driven rely on follow up. News organizations are just one example. Any and all forms of logistics is another. Timing is critical. Schedules need to be met. Employees are under pressure. Deadlines are deadlines.
Follow-up can be supportive. An older, more experienced colleague can inquire in a friendly way about the status of another's work. A team lead who coaches her team well knows when and how to follow up by simply asking "How are things going? Can I help in any way?"
Follow-up by colleagues on a report, speech, or published article is positive. It means that they have taken sincere interest in your work. It also gives them an opportunity to demonstrate their competence by asking intelligent questions.
In German team meetings follow-up is the rule, not the exception. Open action items can be addressed directly. Team members establish a common baseline of information.
Finally, there is another very legitimate reason to use follow-up in Germany: If things are not going right, if an error has been detected, if the work is being performed improperly. In such cases there is only one course of action. Follow up, and fast!
Sales Shy
Companies with a monopoly are the only ones who don't need sales and marketing. All others need to fight for new customers on a daily basis. In Germany, too. But Germans don't feel comfortable "knocking on doors", even less so following up on an initial contact if the first response was skeptical.
Follow up means making that second or third call, writing that second or third email, reaching out again. What's the problem? Germans don't like pushing their product or service, especially if they sense that the other party may not be interested. Often Germans are too polite, too slow, not aggressive enough.
Perhaps this is related to Germans identifying themselves strongly with their work. They want to "stand fully and totally behind what they do." Sales also involves uncertainty, unpredictability, and situations for which one cannot fully prepare. The interactions can be short, spontaneous, shallow. Germans prefer predictability and depth.