Latest news with #Grundgesetz
Local Germany
21-07-2025
- Business
- Local Germany
Can you be sacked in Germany for a workplace romance?
The subject of relationships between colleagues is once again in the headlines after a married American startup CEO was caught on the 'kiss cam' at a Coldplay concert cuddling the company's head of HR. He has since resigned. All countries have different rules on this tricky issue, so could an inter office hook-up - even an adulterous one - get you fired in Germany? Companies in Germany tend to take a more relaxed view of personal relationships in the workplace, especially compared to places where office romances are frowned upon, such as at companies in the United States. This is due in no small part to German law, which puts heavy emphasis on preserving human dignity and peoples' privacy. For their part, most workers in Germany are not afraid of dating around the office. A 2012 survey found that more than half of German workers have had an office romance , and nine out of ten reportedly said they thought sleeping with colleagues was okay. However the majority of people surveyed thought kissing at work was completely unacceptable. There are other limits to what's accepted, and German companies can enforce certain rules around personal relationships at the workplace. READ ALSO: 'Liebeskummer' - How to talk about dating like a German Article 2.1 of Germany's Basic Law ( Grundgesetz ) protects every person's right to "the free development of his or her personality", and this broad protection also extends to the workplace. Generally speaking, German law therefore prevents employers from having a say over who you have a relationship with - so long as the nature of the relationship doesn't disrupt your work for the company. This was upheld in a 2005 ruling by the Düsseldorf Higher Labour Court against the American retail group Walmart. The company, which was operating in Germany at the time, had attempted to ban romantic relationships among its employees. According to media reports , workers had received a notice which said they were not to date or enter into romantic relationships, and additionally prohibited "lustful looks, ambiguous jokes and sexually interpretable communication of any kind". The Düsseldorf Higher Labour Court ultimately ruled that the blanket ban on romantic relationships between employees was a violation of human dignity, it added that the company must make efforts to protect workers from sexual harassment but that the limits for such provisions would need to be agreed with its works council. What are your rights around workplace relationships? In Germany, a person's right to a free choice of partners extends to the workplace, where workers cannot be prohibited from dating or falling in love, even with people they meet in a professional context. Advertisement Also, there is no obligation for employees to report their relationship to the boss or to a works council. Put simply, if your love life is not affecting your work, then it's no-one's business but yours. This is generally true even if the relationship is between an employee and their superior. However employers may transfer an employee or engage in restructuring to avoid conflicts of interest. How much can companies regulate romance? While companies cannot legally enforce a blanket ban on love, or inter office relations, they can take steps to ensure that their business is not negatively affected by personal relationships. This could include prohibiting intimate acts at the office or during working hours, or making sure that company property - including work phones or computers - are not used for personal chats. If you are in a senior position and engage in office romance, you should be conscious of the risk of favouritism and may be expected to take steps to avoid any potential conflict of interest. According to an article by Jura law firm, which focuses on employment law in North Rhine Westphalia, companies could therefore require employees to disclose relationships that cross certain levels of hierarchy. Advertisement At German media giant Axel Springer SE, for instance, executives are required to disclose relationships with their subordinates. This policy was introduced following a 2021 scandal in which the editor-in-chief of the Bild daily newspaper was dismissed after multiple allegations surfaced that he had affairs with, and exploited, young colleagues. READ ALSO: How to know if you're getting a good severance package in Germany Employees cannot be dismissed solely for having initiated a workplace relationship. But if a relationship, or its disclosure in the workplace, leads to disruptions then an employer can take certain sanctions such as giving warnings, or even dismissing workers in extreme cases. Dismissals are usually only justified when a worker has engaged in conduct that violates the terms of their employment contract, and usually requires a warning first.
Local Germany
21-06-2025
- Politics
- Local Germany
Survey shows majority of Germans in favour of return to conscription
A total of 54 percent of those polled by research institute YouGov for the German Press Agency (DPA) advocated for reinstating compulsory military service in Germany. Thirty-six percent support conscription for both men and women, while 18 percent thought that only men should be called up, as was the case in the past. Only 40 percent of the 2,212 responders believed that military service should remain voluntary. Six percent did not provide an answer. READ ALSO: German military sees Russia as 'existential risk' to Germany and Europe: report Compulsory military service in Germany was suspended after 55 years in 2011 by the then CDU/CSU and FDP coalition government because the "permanently changed security and defence policy situation" at that time could no longer justify the encroachment on people's fundamental rights. However, in light of the growing threat from Russia, conscription is once again a hot topic. Conscription for men is still enshrined in the country's basic law ( Grundgesetz ), but for this to be extended to women by way of an amendment, a two-thirds majority would be needed. This means the CDU-SPD coalition would need the approval of the Greens and the Left Party. However, the Left Party is fundamentally opposed to conscription. READ ALSO: German army struggles for fresh recruits as conscription threat grows Sixty-eight percent of CDU and CSU voters are in favour of reintroducing conscription, according to a YouGov survey. Among SPD voters, it's 64 percent, 55 percent of AfD supporters and 51 percent of Green Party voters. But a majority of Left Party voters oppose compulsory military service – 69 percent support maintaining voluntary military service. Perhaps unsurprisingly, older people are more likely to be in favour of conscription, the survey results showed. Advertisement Only one in three (35 percent) in the 18-29 age group support it, but two-thirds of respondents over 70 (66 percent) are in favour. In their coalition agreement, the CDU and SPD agreed on military service "that is initially based on voluntary service." But defence minister Boris Pistorius later stated that the Bundeswehr needed to be expanded by 50,000 to 60,000 soldiers to meet the growing threat from Russia. Currently, there are just over 180,000. READ ALSO: Germany 'has three years' to overhaul military The CDU/CSU is now pushing for its coalition partner, the SPD, to make a quick decision on whether this troop strength can be achieved through voluntary military service alone. "We don't have time to wait until doomsday," said Chancellor's Office Chief Thorsten Frei in an interview with the German Press Agency. The CDU-SPD coalition must make a clear agreement "on when we need to change our strategy so that we can achieve the goal that everyone recognises as necessary."
Local Germany
05-03-2025
- Business
- Local Germany
EXPLAINED: Germany's new debt deal and what it means for residents
What's going on? Just a week and a half after Germany's fractious elections, the two parties vying to form the next government have made their first big policy announcement - and it's all about the economy. In a press conference on Tuesday evening, CDU leader Friedrich Merz - who is likely to be Germany's next chancellor - set out plans to borrow hundreds of billions to boost defence spending and invest in infrastructure in the coming years. Ahead of the election, Merz had repeatedly rejected calls to loosen up Germany's tough rules on borrowing. However, less than 24 hours after winning the vote, he admitted that additional debt was indeed on the table. The new financial packet was agreed in a lightning round of negotiations with the centre-left SPD, who look set to be the junior partner in a future coalition with the CDU and CSU. Though a more wide-reaching reform of the debt brake is still to come, it could well mark the end of an era of stringent fiscal rules for Europe's largest economy. With Germany threatened with a third straight year of recession, the move is seen as vital. Experts say the economy is being hobbled by its creaking infrastructure, which is desperately in need of an upgrade. What have the parties agreed? To get around Germany's debt brake, which caps new borrowing at just 0.35 percent of GDP, the SPD and Union want to make some changes to the rules. This includes a key carve-out for defence spending that will be added to the constitution, or Grundgesetz. When Germany spends more than one percent of GDP on its military capabilities, spending above this threshold could be exempted from the debt brake. This technically allows for unlimited borrowing. In addition, the Union and SPD want to introduce a "special fund" for infrastructure costing €500 billion over the next 10 years, which will also be excluded from the debt brake. For the federal states, the rules will also be relaxed. Currently, regional governments are subject to even stricter rules than the federal government, with state parliaments effectively barred from taking on any debt at all. If the future coalition partners get their way, however, this rule could be amended to permit borrowing of up to 0.35 percent of GDP. Can the Union and SPD actually change the rules? In order to make changes to Germany's constitution, parties require at least a two-thirds majority in the Bundestag. In the current parliament of 736, that means that a minimum of 490 MPs must vote for the new debt rules. With the Union and SPD holding 403 seats together, they'll need to work with other parties in order to get their deal across the finish line. Most likely, they'll rely on the support of the Green Party, which currently holds 118 seats. That could also mean some concessions will need to be made, for example by including more investment in climate-friendly projects as part of the infrastructure spending. Leader of Germany's Christian Democratic Union (CDU) Friedrich Merz (L) and Germany's Social Democratic Party (SPD) Chairman Lars Klingbeil chat after delivering a press conference on planned major investments, in Berlin, on March 4th, 2025. Photo: Ralf Hirschberger / AFP But that won't be the case in the new parliament, because the makeup changed in February's elections. Passing the bill could be a race against time. The newly elected Bundestag MPs must take their seats by March 25th. When this happens, the far-right AfD and leftwing Die Linke party will hold more than a third of the seats, which would allow the two parties to block the new debt deal. The AfD is staunchly opposed to reforming the debt rules, while Die Linke are in favour of debt reform but are likely to oppose any special funding for the military. What will the extra money be used for? The new borrowing is intended for two purposes: bringing Germany's military up to scratch, and modernising its crumbling infrastructure. Chancellor Olaf Scholz (SPD) set aside an €100-billion special fund for the Bundeswehr back in 2022 after Russia launched its full-scale invasion of Ukraine - but this has all been spent or budgeted already. To be ready for a potential war, experts say the German military still needs far more equipment and ammunition stocks, as well comprehensive air defence and cyber defence, long-range precision weapons, drones, improved reconnaissance capabilities and a homeland reserve. These - as well as an expansion of military recruits - are likely to be prioritised in future defence spending. The second major part of the finance packet relates to infrastructure: things like public transport networks, roads, ports, and high-speed internet, as well as housing, schools, and hospitals. Speaking at the press conference on Tuesday, CSU leader Markus Söder described the package as an "XXL" cash injection of unique proportions. The €500 billion pot could be used to boost the country's energy supply, construction, childcare, and hospitals, as well as expanding digital services, Söder said. Germany is threatened with a third straight year of recession, with experts partly blaming the country's creaking infrastructure for its economic struggles. The Federation of German Industries (BMI) has calculated that additional funds of around €160 billion will be needed within ten years for railways, roads, waterways, bridges and ports and the expansion of the public transport network. The BDI also believes an extra €100 billion will be required for education infrastructure such as daycare centres, schools and universities, as well as €56 billion for housing and other buildings. Who's going to pay for all of this? In the short term, the government will fund its plans by issuing new bonds to investors on the capital market. This will allow the state to take on billions in new debt. As with other special funds like the €100 billion for the military, it will then set out a timeline for repayment - potentially in several years' time. After this point, the funds will be taken from the federal budget, meaning taxpayers will foot the bill. As economists point out, however, money spent on the economy doesn't simply disappear into thin air. When money is spent on things like defence and infrastructure, it stimulates the economy and boosts economic output, meaning the government also makes more money through taxation and growth. What's the reaction been so far? The fact that the Union and SPD were able to come to a deal so quickly isn't the only thing suprising commentators: it's the fact that deal appears to sweep away years of economic consensus in one go. Speaking on politics podcast Table Today, Moritz Schularick, the president of the Kiel Institute for World Economy, described the plans as "the end of the debt brake as we know it". However, Schularick said he saw the plans positively, describing the new defence carve-out as "an extremely important step for the security of Germany and Europe." Campaign groups that have been pushing for greater investment and infrastructure also responded positively to the news. "A long-term package could finally free the construction of an ecological and future-proof infrastructure from the annual budget squabbles," said Greenpeace transport expert Lena Donat. Meanwhile, rail passenger advocacy group Pro Bahn said the fund would help tackle the huge backlog of railway renovations. A worker operates a mobile lift in front of a giant logo of German rail giant Deutsche Bahn, at Berlin's central railway station. Photo: John Macdougall / AFP Not everyone has been thrilled by the extra borrowing, however. Speaking to DPA on Tuesday, FDP leader Christian Dürr accused the Union of breaking a central election promise. "Debt for all sorts of things at the expense of the people of Germany is irresponsible in my view," he seethed. The Greens, too, have been furious at the news of Merz's sudden turnaround, but say they will "calmly" assess the plans to see if they can support them. "A long-term solution to the fundamental rules of the debt brake is important to us," said Greens parliamentary co-leader Britta Haßelmann. "And that, in addition to the issue of security, investments in infrastructure, the economy and the climate are also tackled in a sustainable manner."
Local Germany
14-02-2025
- Politics
- Local Germany
Could dual nationals in Germany have to give up a citizenship if the law is reversed?
Putting migration front and centre in their campaign, the centre-right Christian Democratic Union (CDU) and Christian Social Union (CSU) parties have been placing citizenship rules in the firing line lately. In particular, the Union has set its sights on Germany's dual nationality reform, which came into force under the previous 'traffic light' coalition led by the Social Democrats (SPD) last year, pledging to roll back the law allowing the holding of multiple nationalities and once again increasing the residence requirements for citizenship. The conservative parties also say they want to change the law to be able to revoke German citizenship from dual nationals who commit serious crimes. We asked readers of The Local to share their questions on the German elections, and this topic came up frequently. A few people asked us if they think it's possible that the citizenship reform will be reversed, and whether a reversal could even apply to those who have already benefitted from the law. How likely is it the nationality law will be reversed? Foreign residents in Germany can apply to become German after five years - or three years in some cases - following the overhaul by the previous government. The new law also allows everyone naturalising as German to hold multiple nationalities whereas previously only EU citizens or those who fell into an exception category could keep their origin nationality. The law change also benefits Germans by allowing them to keep their nationality when gaining a citizenship abroad (if their host country allows it). In terms of the election outlook, the CDU/CSU are currently leading in election polls with around 29-30 percent of the vote. However, they will likely to need to enter into a coalition with either the Social Democrats or Greens after the elections. This could put a spanner in the works of their hardline citizenship plans. Representatives from the SPD, Greens and the FDP parties have told The Local they will not support repealing the same citizenship reform law they just spent years negotiating and getting passed. Nevertheless, it's understandable that dual nationals may be worried about any threat to their rights in Germany, with some asking if German citizenship gained under the current rules could be taken away in the future, or if they'd have to give up their previous nationality. Let's have a closer look at what the law says on this issue. In short, no. German and EU law contains stringent protections that prevent people being stripped of their citizenship on a whim. Domestically, the main guardrail for this is the Basic Law, or Grundgesetz: Germany's post-war constitution that sets out fundamental rights for citizens. In Article 16 of the Basic Law, a high bar is set when it comes to revoking German citizenship. According to the Interior Ministry (BMI), the constitution generally forbids the withdrawal of German citizenship, except in very specific circumstances. "The loss of German citizenship can only be considered as a last resort due to the high level of protection afforded by Article 16 of the Basic Law," a spokesperson explained. Two copies of the German Grundgesetz, or Basic Law, lie on a table in a library. Photo: picture alliance/dpa | Frank Molter In the rare cases that threshold is reached, the government must still ensure that the person does not become stateless as a result. "A loss of nationality may only occur on the basis of a law and against the will of the person concerned if the person concerned does not become stateless as a result," the BMI spokesperson added. Of course, that means dual nationals could lose their citizenship in some circumstances - but there are strict rules on when this can happen. EU law, which supercedes national law, comes into play here. In a key bill on citizenship passed in 1997, the law states that "no one shall be arbitrarily deprived of his or her nationality". In other words, simply deciding that dual nationality is no longer valid would not be good grounds for withdrawing citizenship that has already been granted to foreigners. This was emphasised by Berlin-based immigration lawyer Sven Hasse, who told The Local that the naturalisation law could not be changed retrospectively. "In principle, the legislature is free to change the nationality law and, for example, to extend the naturalisation periods again or to restrict dual nationality to cases in which the specific country does not allow loss," he said. "However, legal changes are only possible for the future. Anything else would violate the constitution's prohibition of retroactivity." What rules would apply to current applications? One potential worry is that, if a new law is brought in that once again bars dual citizenship, applicants who are still waiting to naturalise would be affected. In the case of the citizenship reform brought in on June 24th, 2024, people who applied before the new law came in were still granted citizenship if the decision was made after the law came into force. While this was great news for non-EU citizens, a similar decision the other way around could be devastating to current applicants. The entrace to the Berlin Landesamt für Einwanderung, previously known as the Ausländerbehörde. Photo: picture alliance/dpa | Jörg Carstensen Recently, Sweden's right-wing populist government said it wanted tough new citizenship rules to apply to applications sent in before the law is implemented. With residence requirements set to be hiked from five years to eight (the opposite of what happened in Germany), this means current applicants could suddenly find their applicants becoming invalid. In Germany, there is no guarantee this won't happen, though there's also no precedent. In the past, governments have always tried to give some clemency and leeway to applicants in the event of rule changes. For example, when Britain finally left the EU and EEA on January 1st 2021, UK citizens who applied before this cutoff date were still able to obtain dual nationality - even if the decision was made at a later date. Can criminal offences be grounds for revoking citizenship? Another proposal pitched in the CDU/CSU manifesto is to revoke German citizenship from dual nationals who commit serious criminal offences. However, the BMI insists this would be illegal under both the Basic Law and European law. "A loss of German citizenship solely due to the violation of criminal provisions would not be compatible with the constitutional requirements of Article 16 (1) of the Basic Law," the spokesperson said. "If a criminal phenomenon can be countered with the existing constitutional instruments, the loss of German citizenship is not a proportionate measure." Some criminal acts can bar an applicant from gaining German citizenship in the first place. If they lie on their application and somehow manage to gain a German passport under false pretences, they could see their citizenship revoked at a later date. However, crimes committed after naturalisation are not generally grounds for revocation. When can German citizenship legally be taken away? In some very severe cases, a dual national could be stripped of their German nationality. In most cases, this could only happen if the individual joins a foreign terrorist militia or signs up to fight in a foreign army (barring EU, NATO, and certain other allied countries). Germany's Nationality Law does make some other provisions for the revocation of citizenship, however. This can be happen up to ten years after citizenship is granted if the authorities find out that a foreigner lied on their application. Section 35 of the law states: "An unlawful naturalisation may only be revoked if the administrative act was obtained by fraudulent misrepresentation, threat or bribery or by deliberately providing incorrect or incomplete information that was essential for its issuance." In particular, the BMI emphasised the case of foreigners paying "lip service" to Germany's democratic and liberal values or hiding anti-Semitic or dehumanising views.
