In a 2007 survey, published in 2012, the state development bank KfW asked mid-sized German companies how they protect their innovations. Almost three in five rated a head start in time over competitors as important. Next came keeping qualified staff for the long term, named by 29 percent, and secrecy, named by 27 percent. Patents came well behind, at about 19 percent.
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The Blocking Notice
When German students write their final thesis with a company, the thesis often carries a Sperrvermerk, a blocking notice. A standard form from the Technische Hochschule Brandenburg, a university of applied sciences, reads: Dieses Schriftstück enthält vertrauliche Informationen. “This document contains confidential information.” The thesis may not be copied or made public, and may be read only for the purpose of the examination. The duty of confidentiality can continue for up to two years after the agreement ends.
Proven Expertise at the Top of a Bank
The Banking Act requires every managing director of a bank to have fachliche Eignung, professional suitability. This means enough theoretical and practical knowledge of the bank’s business, together with management experience. It is normally assumed after three years in a leading position at a comparable institution. The Stock Corporation Act sets a similar rule for the supervisory boards of companies of public interest. At least one member must have expertise in accounting, and at least one other member must have expertise in auditing.
Only 37 Percent
In a study by the consultancy Rochus Mummert, published in 2016, 1,000 employees in Germany were asked about their direct superior. Only 37 percent described their boss as fachlich für den Job geeignet, professionally suited to the job.
Complaining at Work Is a Legal Right
Under the Works Constitution Act, every employee has the right to complain to the responsible bodies in the company. Wegen der Erhebung einer Beschwerde dürfen dem Arbeitnehmer keine Nachteile entstehen. Making a complaint must not cause the employee any disadvantage. The works council must also accept complaints from employees. On safety at work, the Occupational Safety Act lets employees make suggestions on every question. If they have concrete reasons to believe that the safety measures are not enough, and the employer does not deal with their complaints, they may turn to the responsible authority, again without disadvantage.
Report Inside First
Since 2 July 2023 the Whistleblower Protection Act, the Hinweisgeberschutzgesetz, has protected people who report violations at work. Employers with, as a rule, at least 50 employees must set up an internal reporting office. A whistleblower may choose between an internal and an external reporting office. The law adds that whistleblowers should prefer the internal office in cases where the violation can be dealt with effectively inside the organization and they do not fear reprisals. Reprisals against whistleblowers are forbidden.
No Chair Can Overrule the Board
The members of a German stock corporation’s management board are, as a rule, authorized to manage the company only jointly. The articles of association or the board’s own rules may provide otherwise. They may not, however, provide that one or more board members decide disagreements on the board against the majority of its members. Not even the chair can do that.
The Supervisory Board May Not Manage
The Stock Corporation Act says: Der Vorstand hat unter eigener Verantwortung die Gesellschaft zu leiten. The management board runs the company on its own responsibility. The supervisory board oversees it, but management measures cannot be transferred to the supervisory board. It may only require that certain kinds of transactions need its consent. The shareholders’ meeting may decide a question of management only if the management board asks it to. In a limited liability company, the GmbH, the arrangement is different. There the managing directors must observe the limits that the shareholders set.
Piëch Keeps His Distance
On 10 April 2015 Ferdinand Piëch, chair of Volkswagen’s supervisory board, told Der Spiegel: Ich bin auf Distanz zu Winterkorn. I am keeping my distance from Winterkorn. Martin Winterkorn was the company’s chief executive. A week later, the presidium of the supervisory board called Winterkorn the best possible chief executive and proposed extending his contract. According to the news agency dpa, the other five members of the presidium all stood against Piëch. On 25 April Piëch resigned from all his posts at Volkswagen with immediate effect.
Please Contact My Deputy
Ich bin bis einschließlich Freitag nicht im Büro. In dringenden Fällen wenden Sie sich bitte an meine Vertretung, Frau Weber. I am out of the office until Friday inclusive. In urgent cases, please contact my deputy, Ms. Weber. A German out-of-office reply usually names the Vertretung, the person who is responsible for the area while one is away. Before the holidays, teams agree on a Vertretungsregelung, an arrangement for who covers for whom.