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 Duty to Read the Message
An emergency paramedic in Schleswig-Holstein was off duty when his employer changed his roster for the next morning, with a start at 6 a.m. The employer phoned him and sent text messages. He did not respond. The employer recorded an unexcused absence, deducted hours and issued a reprimand. After a similar case months later, it issued a formal warning. On 27 September 2022, the regional labor court of Schleswig-Holstein ruled for the paramedic. A change of roster takes effect only when it reaches the employee. An employee in his free time is not obliged to read messages from work. Opening and reading them counts as working time.
The Ministry’s Own Rule
In August 2013 the Federal Ministry of Labor agreed new rules for its more than 1,100 employees. They may be disturbed in their free time only in begründeten Ausnahmefällen, in justified exceptional cases. Im Urlaub dürfen die Chefs ihre Untergebenen grundsätzlich nicht in Anspruch nehmen. During holidays, bosses may in principle not call on their subordinates. Employees who are not reachable in their free time are not to be disadvantaged. The year before, the minister, Ursula von der Leyen, had said: In der Freizeit sollte Funkstille herrschen. In free time there should be radio silence.
With themselves – In themselves
Why do Germans have such difficulty with dienen, serving?
Perhaps it has to do with the fact that Germans in many ways live mit sich – with themselves, and in sich – in themselves, in the sense of how they live, where they live. Their surroundings are very much a part of their personality, their self-understanding.
Unexpected visitors, regulations or limitations on their private lives are quickly interpreted as almost personal attacks. A boss calling unexpectedly, friends dropping by for a visit, colleagues giving unsolicited advice concerning their private lives make Germans feel uncomfortable.
To serve well, though, means to push to the side one’s own values, beliefs, ways of living. The better one can do that, the better one can serve. And that is the difficult part for Germans.
Germans prefer far more beraten, to advise, or to complete a task. Beraten involves addressing a topic, subject, or problem. It is impersonal, independent of one‘s values, lifestyle, or belief system.
Serve a Good Purpose
Germans believe that when you serve another person – dienen – you have to accept the value system of that person. He who serves, has to do things, has to act in a way, which they might otherwise fully reject. Even more, the person serving is obligated to do their very best. Germans do not consider this a relief, not as a transfer of moral responsibility from the one serving to the one being served. On the contrary, it represents a burden for them, knowing from the very start that they will invariably come into conflict with their conscience.
On the other hand, when a German is willing to serve a good purpose, a cause they believe in, they are freely submitting to a belief, taking a moral stand, agreeing with a set of arguments. They can formulate those arguments in a way which fits their values. If one can no longer support the cause, there is no obligation to continue contributing time and effort.
Psychologically this means that serving a good cause, whether through action, financial assistance or communicating the message, means serving one’s own value system. We are obligating ourselves freely. Independence and self-determination are protected.
But why do Germans have such difficulty with dienen, serving? Perhaps it has to do with the fact that Germans in many ways live mit sich – with themselves, and in sich – in themselves, in the sense of how they live, where they live. Their surroundings are very much a part of their personality, their self-understanding. Unexpected visitors, regulations or limitations on their private lives are quickly interpreted as personal attacks. The boss calling unexpectedly, friends dropping by for a visit, colleagues giveing unsolicited advice concerning their private life make Germans feel uncomfortable.
To serve well, though, means to push to the side one’s own values, beliefs, ways of living. The better one can do that, the better they can serve. And that is the difficult part for Germans. They prefer far more beraten, to advise, or to complete a task. Beraten involves addressing a topic, subject, problem. It is impersonal, independent of one‘s values, lifestyle, belief system.
Back to serving a good purpose. German non-governmental organizations – NGOs – are confronted by the dilemma that they need to function well as organizations, but do not want to give their members the impression that they work for an organization. Internal power struggles are poisonous for small, low-budget organizations. Members need to know that they are serving a higher purpose and not an organizational structure.
For Germans, their work, what they accomplish day in and day out, is very much a part of their personal identity. On the one side this makes it difficult for them to maintain distance from their work. On the other, however, it enables them to work very conscientiously and independently. The German logic is: „Do you want to understand who I am. Look at my work.“