Professional management

from Wikipedia, the free encyclopedia

As vocational guidance are in a broader word meaning activities referred to (especially of himself responsible for holding state), which aim to offspring from crowded training courses or occupations away in shortage occupations to draw or keep unsuitable looked at applicants from certain occupations or attractive professions opening up or reserving special incentives or quotas for disadvantaged groups or groups that are privileged for political or ethnic reasons ( positive discrimination ). Vocational guidance in the narrow sense of the word is different from a career planning by the state in that in the case of vocational guidance where it is allowed, the requests can be ignored to steer the ends and may.

In most cases, the term “career planning” does not refer to concepts of the state, but rather to long-term considerations by individuals about their future path in life.

More recently, the topic of identifying and promoting special talents has become more central in efforts to control individual career planning.

Germany

Federal Republic

Article 12, Paragraph 1 of the Basic Law ("All Germans have the right to freely choose their profession, workplace and training facility. The exercise of their profession can be regulated by law or on the basis of a law.") Is interpreted by administrative and constitutional lawyers to mean that the Article contained a right of defense of the individual against professional guidance by the state. In the pharmacy judgment of the Federal Constitutional Court of June 11, 1958, it was fundamentally defined which defense options are open to those who feel that their fundamental right to freedom of occupation has been violated. This judgment is also noteworthy insofar asup to 70 percent of the employees in management positionsin the Federal Ministry of Labor around 1960 were members of the NSDAP , whose everyday work had included tasks of professional management.

Hans-Peter Schneider points out that a distinction must be made between professional management, which is forbidden in democratic Germany, and allowed professional planning. Schneider points out, however, that every measure taken by the state that intervenes in the supply of and / or demand for certain professions or the training courses for them necessarily has a profession-steering effect.

Influence of the state on career choice decisions of individuals

Discussions about the justification of career planning by the state are of practical importance in Germany. Norbert Konegen and Peter Nitschke point out that state career planning is a possible, but not a system-compliant answer to the problem that the supply of workers and the demand for them are not congruent. Because if the state guarantees the individual the right of free choice of occupation , a job guarantee cannot be combined with this right. Career planning measures are permitted in the Federal Republic of Germany, provided that the state may provide different means to promote training in different occupations; however, the limits of unauthorized, because “choking” professional guidance are exceeded when certain training courses or professions are no longer accessible at all or are made completely unattractive by lowering minimum standards. The need for measures to reduce the inadequate adaptation of the supply of labor to the demand for it has been reduced since the 1970s through attempts to make training qualifications and the labor market more flexible. This is countered by the trend towards specialization and early differentiation of profiles.

One of the instruments used by the state to control individual career planning is career counseling . It is intended to motivate those seeking advice, in addition to the criteria of inclination and suitability, to include aspects of their employability in their planning and to adapt to the (presumed future) demand for their supply on the labor market. In addition to incentives, procedures such as the numerus clausus and other qualification hurdles that are not based on applicants voluntarily foregoing their offer are also used in planning by the state . The exclusion of interested parties from participation in training and, above all, study programs cannot be prevented because the legislature has the right to decide autonomously on the use of state financial resources. This right sets limits to a right to participate in state services in the sense of a “reservation of the possible”. In the context of this restriction, there are opportunities for the state to control the supply of study places. The state is also permitted to "control the choice of profession (teacher professions, rural doctors) made more attractive by material advantages and targeted advertising for certain professions in a manner geared to the common good".

On the other hand, the so-called doctor in internship , which was introduced in 1988 significantly reduced the remuneration of prospective doctors and deterred those interested in continuing education, was not only abolished in 2004 because of concerns from a constitutional point of view, but above all because of the shortage of doctors in clinics.

Influence of the state on the private sector

There is no compulsion for private companies to provide training or jobs within the framework of a market economy in a democratic constitutional state . Politically controversial are plans to levy a training place tax , through which the state should create an incentive for companies to provide training places. In 2004, plans to introduce a training place tax through a national pact for training and young skilled workers were shelved.

Performance expectations as a control criterion

Individual career aspirations come to an inevitable end if the entry requirements for an apprenticeship or a profession are not met, in particular if examinations are not passed. By redefining the level of aspiration, both an oversupply and an undersupply of applicants can be regulated in a way that is not prohibited as “professional guidance”.

Germany before 1933

The Paulskirche constitution of March 28, 1849 is the first German constitution that contained a provision (in § 158) according to which everyone is free to freely choose his education and his profession. Previously there were similar rights, especially in the southern German states, which were, however, connected with partly restrictive, partly promotional interventions for training and professional guidance of the Jewish population, above all to reduce their share in the commercial professions and to steer them into agriculture and industry. In Prussia, too, the idea of ​​professional management was discussed more frequently; This led to a career counseling service being introduced here in 1919.

As early as the 1920s, liberal views of the freedom of occupation as a fundamental right were competing with ideas of the necessity of compulsory labor service for young people who were not only represented by the National Socialists. The overcrowding crisis in academic professions in the Weimar Republic led to the idea of ​​using work experience to dissuade high school graduates from wanting to study and, above all, to steer them into agricultural professions in order to stop the rural exodus. However, the decline in student numbers after 1933 was probably not primarily due to occupational management, but rather to poor career prospects.

time of the nationalsocialism

Since 1934, the Reichsanstalt für Arbeitsvermittlung und Unemployment Insurance (RAfAuA), which is subordinate to the Reich Labor Ministry, has been responsible for occupational guidance, which proved to be necessary in the interests of National Socialist policy, especially as a result of the armament programs under the four-year plan in 1935 . Even before the Second World War , the authority was allowed to forbid job changes and to use employees against their will for work of "state importance". The main aim was to prevent the emigration of workers from the particularly endangered areas (metalworking, construction and agriculture) and to oblige skilled workers employed outside of the profession to return to their traditional professions.

Since 1935, occupational guidance has also been increasingly pursued through exclusion in the sense of racial and political selection. The Reich Labor Service also took part in this. He developed an evaluation system that was supposed to assess the “worthy of study” of high school graduates. At best, this instrument increased the pressure to conform, but was unsuitable as a selection instrument. Companies also did not rely on labor service assessments.

In the case of career starters, guidance was primarily provided by the Hitler Youth , namely by referring their members to career counseling, in the form of social pressure and character assessments, and through the HJ's own apprenticeship homes, which since 1939 were to increasingly steer the young people into war-important professions. In the compulsory year in particular, young women should be guided into professions that corresponded to the image of the role of women in National Socialism. Nativist and racial ideas played a major role in directing the profession; however, women were also required to have knowledge of household economics in order to build up a self-sufficiency economy and to promote the economical use of raw materials. Since 1936 there was also the office of a Reichsstudentenführer , who was also responsible for the professional guidance of the students.

The idea of ​​occupational guidance fell into disrepute under National Socialism mainly because the transfer of workers to forced labor was subsumed under this category : As early as 1938, the RAfAuA organized the systematic registration and recruitment of German Jews for forced labor as part of a secret decree. Since around 1941, the German economy has only received part of the workforce it actually needed through the forced recruitment of foreigners. The goal of directing women into typical female jobs had to be abandoned in view of the labor shortage in the war economy.

GDR

In the GDR there was a preference for workers 'and peasants' children, who were to be increasingly directed into academic professions via the workers 'and peasants' faculties - existing from 1949 to 1963 - while at the same time and later the freedom of The choice of study and career for upper social classes was restricted. The aim of these measures was to develop a class of “workers and peasants” who were expected to show a high degree of loyalty to the state. The conclusion of a training contract also required the approval of the Labor Office. Realizing one's career aspirations was dependent on political reliability and social background. Special schools in the GDR also served the purpose of professional guidance.

Article 24 of the GDR constitution of 1968 stipulated: “(1) Every citizen of the German Democratic Republic has the right to work. He has the right to a job and its free choice according to social requirements and personal qualifications. […] (2) Socially useful activity is an honorable duty for every citizen who is able to work. The right to work and the duty to work form a unit. ”With the help of this provision, oppositionists could be disciplined by accusing them of“ social requirements ”preventing the desired training or the exercise of the desired occupation, and they pointed out that they were obliged to work forced to engage in undesirable activities. The effectiveness of the labor law applicable in the GDR was in fact suspended in political cases, so that politically motivated dismissals, punitive transfers, and professional resignations were equivalent to a professional ban, but were not officially designated as such by the state. Differentiating between direct (visible) and indirect repression (to be understood in the sense of “ structural violence ”) helps to better classify professional bans imposed by the court and professional exclusion . The large number of state interventions in professional life, which were mainly indirect, could be positive or negative. They included both promotions and “management development plans” on the one hand, as well as the simple implementation of unpopular “working people”, the prevention of professional development, professional and financial relegation or the increase in the number of superiors on the other. Another form of occupational exclusion beyond a mere change of job was the prescribed change in work activity in order to weaken those affected and devalue their qualifications. These interventions did not have to be a discharge into unemployment; As a rule, the assignment of a new workstation that was as easy to control as possible was a part of the process that was planned from the outset.

For the “Bildungsserver Berlin-Brandenburg”, occupational guidance is one of the “structures for repression and suppression” on which Stasi methods are based.

Other countries

In several countries there are morally or ethnically based systems of professional guidance. A system of affirmative action has long existed in India , through which members of the lower castes prefer to enter the public service or study places in public universities, which is associated with considerable restrictions on the freedom of occupation for highly qualified members of other castes. Similar systems with ethnic access regulations exist in Malaysia and South Africa , which potentially discriminate against people of Chinese origin or whites.

literature

  • Harald Eichner, Udo Wagner: career advice and career guidance. (= Writings of the Commission for Economic and Social Change Volume 88). Goettingen 1976.

Web links

Individual evidence

  1. ↑ Federal Constitutional Court: judgment of July 18, 1972. Reasons A III 2a . P. 9 (Ed .: University Rectors' Conference )
  2. ↑ BVerfGE 7, 377  ff., Az. 1 BvR 596/56.
  3. ↑ The Myth. A historian's commission is investigating the Labor Ministry's Nazi past . In: Der Spiegel . Issue 26/2017. P.56
  4. ^ Hans-Peter Schneider: Career planning and career guidance . In: Detlef Merten / Hans-Jürgen Paper: Handbook of Fundamental Rights in Germany and Europe. Volume V: Fundamental Rights in Germany. Individual fundamental rights II . Heidelberg 2013. p. 159
  5. ^ Norbert Konegen / Peter Nitschke: Revision of the Basic Law? Results of the Joint Constitutional Commission (GVK) of the German Bundestag and the Bundesrat . Opladen 1997, p. 48
  6. ^ Rüdiger Breuer : Freedom of the profession. In: Paul Kirchhof: Handbook of Constitutional Law of the Federal Republic of Germany , Volume VIII, 3rd edition, Heidelberg 2010, § 170, 107 ff.
  7. ↑ See Eichner, Wagner 1976.
  8. ↑ Federal Constitutional Court : judgment of July 18, 1972. Reasons CI 2 . P. 19 (Ed .: University Rectors' Conference )
  9. ↑ Wolfgang Martens / Peter Häberle: Basic rights in the benefit state. Reports and discussions at the meeting of the Association of German Constitutional Law Teachers in Regensburg from September 29 to October 2, 1971 . Berlin 1972. p. 118
  10. ^ Monika Richarz: The entry of the Jews into the academic professions: Jewish students and academics in Germany 1678-1848. Tübingen 1974, p. 86 ff.
  11. ↑ Wolfgang Benz: From voluntary labor service to compulsory labor service . Quarterly issues for contemporary history . 1968. No. 4, pp. 317-346
  12. ↑ Kiran Klaus Patel: "Soldiers of Work": Labor services in Germany and the USA 1933-1945. Göttingen 2003, p. 156.
  13. ↑ The Myth. A historian's commission is investigating the Labor Ministry's Nazi past . In: Der Spiegel . Issue 26/2017. P. 54
  14. ↑ Ute Vergin: The National Socialist Labor Administration and its functions in the deployment of foreign workers during the Second World War . Dissertation. Osnabrück 2008, p. 81f.
  15. ↑ Patel 2003, p. 157.
  16. ^ Dorothee Klinksiek: The woman in the Nazi state. Berlin 1982, p. 58 ff.
  17. ↑ Götz Aly, Susanne Heim: The persecution and murder of European Jews by National Socialist Germany, 1933-1945 , Volume 2, Oldenbourg Verlag 2009, ISBN 978-3-486-58523-0 , p. 50ff
  18. ↑ Wollheim Commission of the Goethe University Frankfurt / Main: Nazi forced labor: history, legal framework and structures
  19. ↑ Ingrid Miethe: The workers and farmers faculties (ABF) as a research subject of the educational and university history of the GDR. An inventory. In: Die Hochschule 1/2006, p. 170 ff. ( PDF )
  20. ^ Constitution of the German Democratic Republic of April 9, 1968
  21. ^ Danuta Kneipp: Occupational bans in the GDR? On the practice of politically motivated professional exclusion in East Berlin in the 1970s and 1980s . In: Potsdam Bulletin for Contemporary History Studies No. 36-37 / 2006 (Ed .: Center for Contemporary History Research Potsdam). P. 34
  22. ↑ What are “Stasi methods”? - Forms of repression and oppression in the GDR. In: Bildungsserver Berlin-Brandenburg
  23. ^ Indian Reservations. In: The Economist , June 29, 2013.