Call of duty

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Working to rule (abbreviation: "DnV") is in labor , a behavior of employees or officials , in which they, the intensity of work and / or work performance decrease without their obligation to work to hurt.

General

The “service according to regulations” originally came from public administration . Work to rule means that workers all work instructions and service regulations observed scrupulously, workflows delay or impede work easier not to use or unsubstantiated absences have, thereby, a disorder of the workflow to cause that the timely completion of the tasks affected. You avoid the open work stoppage, but through circumvention measures achieve an effect that corresponds to the effect of a strike.

On their own initiative to solve the tasks (. Eg the "short official channels", telephonic instructions to participants with problems, etc.) are omitted. The motto is: No instruction - no cause . In addition, laws or regulations allow a certain amount of leeway for interpretation or discretion . Employees are no longer willing to use this leeway to the permissible limits, even in cases where this appears sensible, especially since the decision- maker tends to make himself and his decision vulnerable by making extensive use of his skills . In some cases, finally, the service according to regulations consists in complying with the relevant unambiguous regulations or laws in the first place, which is otherwise suppressed in daily work practice.

Later, the private sector also adopted this work ethic from employees. In some professions there, however, “work according to regulations” is a special feature of the quality of work (for example in the case of an electrician or in construction ). A particularly high standard of care is therefore common in many professions in order to meet high precision requirements, without there being any service according to regulations.

The go-slow ( english go slow ) is often used as a synonym for the work to rule, but exhausted mostly in detention or deportation of work tasks, increasing the cycle time or reduce the normal working pace. The slow strike is a "deliberately induced reduction in performance through overly deliberate, deliberately slow and cumbersome, sluggish, clumsily dawdling, listless work ...".

In sociology , the effectiveness of the service according to regulations as a means in industrial disputes is an example of how informal norms and structures fulfill an important function alongside (or even contrary to) the official regulations and responsibilities, without which organizational goals cannot be effectively achieved.

Examples

  • When selecting the travelers they searched, customs officials can ignore their intuition and specific indications of suspicion that are difficult to grasp and limit themselves to stubborn control schemes, with the result that the search for smuggled goods is less successful. On the other hand, contrary to their intuition, they can question or control travelers for longer and thus deliberately cause delays.
  • Librarians can forego making use of their personal educational horizon and let library users stubbornly work with the often opaque systematics of the libraries instead of understanding their own work in a social context and promoting the work of the users accordingly.
  • Drivers, including chauffeurs, are obliged to check the coolant, oil and tire pressure at the start of a journey without any discretion. You can refrain from committing an administrative offense that is justifiable in your conscience based on your feeling of driving experience, in the interests of speedy driving, and stubbornly follow the law, which leads to delays.

history

The "service according to regulations" was a natural prerequisite for the civil servant and especially for the police officer in Prussia around 1892, because otherwise he would lose the "respect ... of the public" and reduce the "reputation of his position". Workers increasingly recognized that meticulous compliance with regulations renders an organization unable to act. In the 19th century, this work behavior was still called “passive resistance” (also: Ca'canny ). Through them, the strike ban for civil servants could be overturned. The lawyer Hermann Dersch defined in 1931: "Passive resistance is deliberate reluctance to work in such a way that work is only done in appearance, but not in reality." In the first volume of Robert Musil's novel The Man Without Qualities , published in 1931, is for the time the First World War reported a - fictitious - strike of the telegraph officials in Austria who works with this method, but is called passive resistance there.

The federal government had already declared in 1962 that the service was a disguised industrial action and that officials who took part in such actions were violating their duty to the state. In July 1972, the federal government also insisted that “a so-called rule-based service, slow strikes or similar measures are incompatible with the duties of a civil servant”.

Beginning on Ascension Day of May 31, 1973 until the end of 1973, there were considerable delays in the handling of civil air traffic at various German airports, sometimes simultaneously. These delays were mainly caused by the fact that groups of air traffic controllers at different airports, in different work areas at the same time or mainly at different times reduced their work performance ( English go slow ) or reported sick or to the doctor at short notice ( English sick-out ). The airlines put the damage caused at around 235 million DM.

In 2004, tax officials wanted to protest against the prescribed extension of weekly working hours in this way. Due to the massive threat of disciplinary measures by the employer , who u. a. referred to the "air traffic controller judgment", the planned actions were canceled.

Legal issues

Work to rule or slow-downs put in labor a poor performance is, therefore, one does not match the employment compliant labor. The work performance deviates from the owed qualitatively ( work quality , error rate ) or quantitatively ( work intensity , work volume ) unfavorably. A reduction in pay is not possible here.

According to Section 61 (1) BBG, civil servants must dedicate themselves to their profession with full personal commitment . They are even obliged to work beyond the regular weekly working hours (44 hours) without remuneration if this is required by compelling business circumstances and the overtime is limited to exceptional cases ( Section 88 sentence 1 BBG). The service according to the regulation violates § 57 sentence 1 LBG NRW ( § 35 sentence 1 BeamtStG and § 54 sentence 1 BBG). The rule of law comes close to refusing to work through excessive compliance. Strike-like collective measures, which are expressed in the form of reduced work performance or unjustified absenteeism, also violate the obligation to conscientiously exercise one's office. If the civil servant violates his duties to devote himself to his profession with full devotion, to live up to the respect and trust required by the profession through his conduct within the service, to carry out the orders and general guidelines issued by the superiors and not to the service staying away without permission is an official offense according to § § 61 BBG, § 62 BBG, § 77 BBG and § 96 Abs. 1 BBG. This also applies to judges and soldiers , because according to § 46 DRiG and § 7 SG the regulations for civil servants are to be applied accordingly.

Service according to regulations is particularly effective as a means of industrial action for professional groups who sit at the central control points of working life. In Austria , France and Spain a . a. This is still practiced today by air traffic controllers as a form of industrial action.

Operational aspects

Internal dismissal and work according to regulations are not identical, because in the latter case, employees have a low emotional bond ( distancing ) from the employer , while internal dismissal has no emotional bond at all. According to a Gallup study from 2008, 67% of employees in Germany feel only slightly bound to their company and operate according to regulations, 20% did not feel bound at all and had internally resigned.

Individual evidence

  1. ^ Karl-Ulrich Langer / Manfred Wichmann, Public Service Law , 2007, p. 350
  2. ↑ Edgar Schmitz / Peter Voreck, Einsatz und Retzug an Schulen , 2011, p. 99
  3. ^ Hanns Martin Schleyer / Joachim Zahn / Ernst Cramer / Ernst Mommsen / Eberhard von Brauchitsch, Paul Gert von Beckerath / Otto Brenner / Otto A. Friedrich / Hans Matthöfer / Ernst Helmstädter / Christian Watrin, The company in society , 1974, p. 124
  4. ↑ Hans Joas , Textbook of Sociology , Campus, 2007, p. 233
  5. ↑ Edgar Schmitz / Peter Voreck, Einsatz und Retzug an Schulen , 2011, p. 99
  6. ↑ Walter Hänsle, Strike and Services of General Interest , 2016, p. 66
  7. ↑ Walter Hänsle, Strike and Services of General Interest , 2016, p. 168
  8. ^ Hermann Dersch, New Journal for Labor Law , Volume 11, 1931, p. 38
  9. ^ Federal Association of Practical Veterinarians, The Practical Veterinarian , Volume 50, 1969, p. 37
  10. ↑ BT-Drs. 6/3671 of July 17, 1972, air traffic controllers ' slow-down strike , p. 2
  11. ↑ BVerwG, judgment of June 25, 1981, Az .: BVerwG 1 D 18.80
  12. ↑ Peter Bachmann, Flugsicherung in Deutschland , 2005, p. 29
  13. ↑ Asusa Schul / Joachim Wichert, poor performance of the employee as a reason for behavioral, personal or operational dismissal , in: DB 2005, p. 1907
  14. ↑ Ulrich Tschöpe, “Low Performer” in Labor Law , in: BB 2006, p. 216
  15. ↑ BVerwGE 53, 330 , 331
  16. ↑ Fritjof Wagner / Sabine Leppek, Beamtenrecht , 2009, p. 118 f.
  17. ↑ BVerwG ZBR 1981, 199
  18. ↑ BVerwG, judgment of June 25, 1981, Az .: BVerwG 1 D 18.80
  19. ↑ BGH, judgment of January 31, 1978, Az .: VI ZR 32/77
  20. ^ Gallup-Presentation, Engagement-Index , 200ß, S. 2 ff.
  21. ↑ Maren Wenck, From achievement motivation to inner termination , 2013, p. 72 f.