Article 139 of the Weimar Constitution of 11 August 1919 says: Der Sonntag und die staatlich anerkannten Feiertage bleiben als Tage der Arbeitsruhe und der seelischen Erhebung gesetzlich geschützt. Sundays and the public holidays recognized by the state remain protected by law as days of rest from work and of spiritual uplift. Through its Article 140, the Basic Law made this article part of today’s constitution.
A License to Lie
In a German job interview, questions about a pregnancy are not allowed. Questions about membership in a party or a union are not allowed either. Questions about a criminal record are allowed only in exceptional cases and within narrow limits. If an employer asks an inadmissible question anyway, the applicant may answer it untruthfully. The legal news site LTO calls this eine Lizenz zum Lügen, a license to lie. It rests on decisions of the European Court of Justice and the Federal Labor Court.
What Happens Off Duty
In April 2014 the Federal Labor Court decided the case of a job center employee who had been convicted of drug dealing in his private life. The court repeated its rule. Conduct outside work violates the duties of employment only if it has negative effects on the business or a connection to the job. The court found the immediate dismissal invalid. The ordinary dismissal stood, because a man convicted of dealing drugs was not suitable for handling benefits for the unemployed.
Superior Only on Duty
The Bundeswehr’s ordinance on superiors sets out who may give orders to whom. Within a unit, a higher rank alone makes a soldier the superior of another only wenn sich sowohl Befehlender als auch Befehlsempfänger im Dienst befinden, when both the one giving the order and the one receiving it are on duty. Across rank groups, authority by rank applies only inside closed military installations. The Soldiers’ Act adds: Der Soldat hat die gleichen staatsbürgerlichen Rechte wie jeder andere Staatsbürger. A soldier has the same civic rights as every other citizen. Within the requirements of military service, these rights are limited by the soldier’s legal duties.
The Chancellor at the Supermarket
Throughout her years as chancellor, Angela Merkel was known for doing her own shopping. In March 2020, at the start of the Covid crisis, she was seen shopping in a supermarket in Berlin-Mitte. In February 2022, after she had left office, her wallet was stolen while she was shopping in Berlin.
Teachers on Facebook
In 2013 several German states were drawing up rules for teachers on Facebook. Bavaria had already banned its use for school business. Privat dürfen sie aber auf Facebook aktiv sein, ebenso die Schüler. Privately, however, teachers may be active on Facebook, and so may their pupils. A draft in Rhineland-Palatinate said that schools should not use Facebook in an official context.
The Chief Clerk at the Bedroom Door
Gregor Samsa, a traveling salesman, wakes up as an insect and misses his early train. Soon the doorbell rings at his family’s apartment. Gregor brauchte nur das erste Grußwort des Besuchers zu hören und wußte schon, wer es war – der Prokurist selbst. Gregor only had to hear the visitor’s first word of greeting to know who it was. It was the chief clerk himself. Through the closed door of Gregor’s room, the chief clerk tells him: Ihre Leistungen in der letzten Zeit waren also sehr unbefriedigend. Your performance lately has been very unsatisfactory. Franz Kafka’s Die Verwandlung (The Metamorphosis) was first published in 1915.
On and Off Duty
The Civil Servants Status Act says that a civil servant’s conduct innerhalb und außerhalb des Dienstes, on and off duty, must be worthy of the respect and trust that the profession requires. A later section sets the limit. Conduct off duty is a disciplinary offense only if, in the circumstances of the individual case, it is particularly likely to damage trust in a way that matters for the office.
Out of Service
Under the Federal Civil Servants Act, retired officials may continue to use their official title with the addition außer Dienst, out of service, or a. D. for short. The states have similar rules for their own officials. The title of the office stays with the person after the office has ended.
The Vocabulary of On and Off Duty
dienstlich oder privat? — official or private?
als Privatperson — as a private individual
der Dienstschluss — the official end of the working day
die Amtsperson — a person acting in an official capacity
Das ist meine Privatsache. — That is my private business.
das Diensthandy, der Dienstwagen — the work phone, the company car
die Funkstille — radio silence