Thirty Days Before a Change

Since 1 January 2018, Section 650b of the Civil Code has regulated how the client of a construction contract can change the work. First, the two parties try to agree on the change and on the extra or reduced payment. The contractor must make an offer. For a change to the agreed result, this applies only if carrying out the change is reasonable for the contractor. If the client is responsible for the planning, the contractor must make the offer only after the client has done the planning for the change and handed it over. If the parties do not agree within 30 days, the client may order the change in text form.

No Roster Without the Works Council

Under Section 87 of the Works Constitution Act, the works council has a say over the start and end of daily working hours, including breaks. It also has a say over how working time is spread across the days of the week. A hospital in Mecklenburg-Western Pomerania sent the nurses’ rosters to its works council about a month in advance. It treated silence by the 10th of the month as consent. On 10 November 2015, the state labor court of appeal ruled that this was not enough. The works council must agree expressly. The employer may not set it a deadline or treat its silence as consent. Without agreement, the conciliation board decides.

Leave Cannot Be Recalled

Once an employer in Germany has granted an employee statutory leave, it cannot call the employee back from it. The Federal Labor Court ruled so on 20 June 2000. Even an agreement that allows the employer to recall the employee is void, because it violates the mandatory law on leave.

No Early Election Without a Procedure

The Bundestag has no right to dissolve itself. An early election is possible only by a defined route. One route is a vote of confidence. If the chancellor loses it, the federal president may dissolve the Bundestag within 21 days, on the chancellor’s proposal, but is not obliged to. This has happened in 1972, 1983, 2005 and 2024. On 16 December 2024, 207 of 707 members who voted expressed confidence in Chancellor Olaf Scholz, with 116 abstentions. On 27 December, Federal President Frank-Walter Steinmeier cleared the way for a new election, which was held on 23 February 2025.

The Vote That Was Stopped

The governing coalition planned to pass the Building Energy Act, known as the heating law, on 7 July 2023. In late June, the coalition agreed on changes, and a synopsis of 94 pages followed on 30 June. A member of parliament, Thomas Heilmann of the CDU, applied to the Federal Constitutional Court. On 5 July 2023, the court ruled that the second and third readings could not take place that week. It doubted that the members could exercise their right to deliberate, given the strong compression of the timetable and the complexity of the bill.

Friction

In Vom Kriege, On War, Carl von Clausewitz has a chapter on friction. He writes: Es ist alles im Kriege sehr einfach, aber das Einfachste ist schwierig. (Everything in war is very simple, but the simplest thing is difficult.) Friction, he says, is the only concept that corresponds fairly generally to what distinguishes real war from war on paper. Action in war is movement in a resistant medium. Knowing this friction is a main part of the much-praised experience of war.

If-Then Plans

The psychologist Peter Gollwitzer of the University of Konstanz studies how plans help people reach their goals. His best-known idea is the implementation intention, in German a Wenn-dann-Plan, an if-then plan. It decides in advance: if situation Y arises, then I will do X. In 2006, Gollwitzer and Paschal Sheeran analyzed 94 independent tests. If-then plans had a positive effect of medium to large size on reaching goals. In a university news article of 2019, Gollwitzer was quoted as saying that people normally reach 20 to 30 percent of their goals, and 60 to 70 percent when they plan how they will reach them.

The contract supplement

Der Nachtrag. In German construction contracting, work beyond the agreed scope is handled through a supplement — priced, documented and agreed before it is carried out. Deviation from the plan is itself a contractual act with its own paperwork.

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