Reserving your rights at acceptance

A German client who accepts work despite knowing of a defect must expressly reserve his rights over it, or he loses them — § 640 Abs. 3 BGB. Signing the acceptance while unhappy is not a position available to him. He either states the objection at that moment or it is gone.

The target agreement

Die Zielvereinbarung. German employment practice fixes objectives for the year in a documented conversation, often with a bonus attached, and reviews them at the year’s end.

Agreed once, assessed once. Between those two points the manager is not scheduled to ask how it is going.

The word is an agreement rather than an assignment — the objectives are negotiated and signed by both, which is part of why they are not revisited every fortnight.

The statement of work

The American SOW closes with acceptance criteria stated as testable facts — the system processes a thousand transactions without error, fifty users complete training and pass assessment, the sponsor signs off.

The guidance is explicit about why: these become the finish line, and everything else is a change order.

The definition of done is written before the work begins, because everyone involved expects the request to grow.

Dismissal protection

Das Kündigungsschutzgesetz. Dismissal protection applies in German establishments with more than ten employees, after six months of service. From that point a dismissal requires a legally recognised ground. The employer must justify the dismissal. The burden does not sit with the employee.

The Agile Manifesto

From 11 to 13 February 2001, seventeen software practitioners met at a ski lodge at Snowbird, Utah, and in three days wrote sixty-eight words. The fourth of the four values is the one that matters here: responding to change over following a plan. Not instead of a plan — over it. The plan is acknowledged as valuable and then explicitly ranked second to the ability to change course.

Zero defects

Nullfehlerstrategie — the zero-defect strategy. A standard term in German automotive manufacturing and a stated supplier requirement, measured in defective parts per million. The target is not a low rate. The target is none, and the number is tracked against it.

The standing meeting

American organisations schedule the follow-up before it is needed — the weekly one-to-one, the Monday stand-up, the biweekly check-in, the quarterly business review.

The meeting exists in the calendar whether or not there is anything to discuss. Its function is not the agenda. It is the guarantee that the status will be revisited at a known interval.

The neutral reference

American employers commonly restrict reference responses to dates of employment, job title and sometimes last salary, and the practice is written into separation agreements as a negotiated clause.

The law in most states permits far more. Truth is a defence, and qualified privilege protects a good-faith negative reference. Employers restrict themselves anyway, because a statement about somebody’s work is understood to be a statement about them, and a statement about them can be litigated.

One-way and two-way doors

In the 2015 shareholder letter, Bezos divided decisions in two. Type 1 are consequential and irreversible — one-way doors — and must be made methodically, carefully, slowly, with great deliberation and consultation. Type 2 are changeable, reversible, two-way doors, and should be made quickly by high-judgment individuals or small groups.

He gave the irreversible kind one sentence. The rest of the passage warns that large organisations apply the heavyweight process to reversible decisions, producing slowness, unthoughtful risk aversion, insufficient experimentation and diminished invention.

The framework is not a case for careful analysis. It is a case for identifying which decisions do not need it.

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