While a German collective wage agreement is in force, unions and employers may not strike or lock out over the matters it settles. This Friedenspflicht, the duty to keep the peace, is part of every such agreement, whether it is written down or not. It ends with the agreed term. In the metal and electrical industry, it ended at the end of October 2024. The Hessian broadcaster reported: Die Friedenspflicht endete nach Mitternacht. The peace duty ended after midnight. At several plants in Hesse, workers began warning strikes shortly after midnight. The old terms did not end with the old agreement. The Collective Agreements Act says: Nach Ablauf des Tarifvertrags gelten seine Rechtsnormen weiter, bis sie durch eine andere Abmachung ersetzt werden. After a collective agreement expires, its rules continue to apply until another agreement replaces them.
Beyond Amendment
The German Basic Law can be changed only openly. Article 79 requires a law das den Wortlaut des Grundgesetzes ausdrücklich ändert oder ergänzt, that expressly changes or adds to its wording. Such a law needs two thirds of the members of the Bundestag and two thirds of the votes of the Bundesrat. Some parts are closed even to that majority. Paragraph 3, the Ewigkeitsklausel or eternity clause, makes an amendment unzulässig, not permitted, if it touches the division of the federation into states, the basic participation of the states in making laws, or the principles laid down in Articles 1 and 20.
Kant on the False Promise
In his Grundlegung zur Metaphysik der Sitten of 1785, Immanuel Kant tests his moral law on a few cases. In the second case, a man sieht sich durch Not gedrungen, Geld zu borgen. He finds himself forced by need to borrow money. He knows he cannot pay it back, and he is tempted to promise it anyway. Kant asks what would happen if this were a general law. Anyone in need could promise whatever came to mind, mit dem Vorsatz, es nicht zu halten, with the intention of not keeping it. Such a law würde das Versprechen und den Zweck, den man damit haben mag, selbst unmöglich machen. It would make the promise itself impossible, and also the purpose one may have with it. No one would believe that anything had been promised to him. People would laugh at all such statements als eitles Vorgeben, as empty pretense.
Verbindlichkeit
The German term Verbindlichkeit conveys the concept of binding character; reliability of a statement or commitment. It is culturally significant because A yes means yes – and should not change later without good reason.
Vertragstreue
The German term Vertragstreue conveys the concept of contract loyalty; strict adherence to agreed terms. It is culturally significant because deviations from a contract are rare and require renegotiation.
What’s said is said.
Was gesagt ist, ist gesagt. What’s said is said. This statement emphasizes that you have to stand by your words. Once statements have been made, they are considered binding, and backtracking makes you appear unreliable and weak.
“Vertrag ist Vertrag”
Vertrag ist Vertrag. A contract is a contract. A contract is binding – period. Changes or renegotiations are often seen as unprofessional. This expression highlights the German preference for legal certainty and clear agreements.
“Auf Worte müssen Taten folgen”
Auf Worte müssen Taten folgen. Words must be followed by actions. Empty promises are useless. In German negotiation culture, it is expected that statements will be consistently put into practice.
Ausschlussfrist
The German term Ausschlussfrist conveys the concept of limitation period; legal deadline after which claims expire. It is culturally significant because seen in employment and delivery contracts – reinforces rule-based thinking.
Hauptmann Wiesler
In The Lives of Others, set in 1984 East Berlin, the Stasi secret police monitor playwright Georg Dreyman, suspecting him of anti-government activities. The Stasi officer, Hauptmann (captain) Wiesler, employs a methodical, structured approach during Dreyman’s interrogation.
Wiesler adheres strictly to protocol, asking precise, repetitive questions to expose inconsistencies. The scene is devoid of emotional appeals and is driven by logic, structure, and adherence to bureaucratic procedure. The emphasis on detailed questioning, factual evidence, and strict procedural adherence reflects the German preference for systematic, rule-based negotiation, even in coercive situations.