Code of Conduct - Greens adopt new conduct rules for deputies
German deputy Petra Hinz was known in her faction for her harsh treatment of employees in the SPD. For years, rumors circulated among the SPD that the politician from Essen mishandled her staff, forced them to work overtime, and made them document every conversation, including bathroom breaks. Even the faction leadership was aware of this. However, since Hinz denied the allegations, nothing was done about it for a long time.
Greens adopt code of conduct
Years later, journalist Pascal Hesse made the allegations public. During the reporting, it also came to light that Hinz had falsified her official resume. Shortly thereafter, she had to resign from her Bundestag mandate under pressure from the SPD and eventually left the party in the summer of 2016.
To this day, there is no Code of Conduct for MPs in the SPD's Bundestag faction regarding dealing with their employees. However, another faction has recently passed such a regulation. At their faction meeting on June 25, the MPs agreed on "guiding principles for good interaction with Green Bundestag employees."
"We have a duty of care and are responsible for the well-being of our employees," the introduction reads. Then, specific rules are formulated. Here are the key points:
- The employment relationship between MPs and employees should be "based on mutual respect," with green policies also serving as "guiding principles" internally: "We MPs practice leadership that is sensitive to diversity and critical of discrimination." This includes the possibility of independent work, regular office hours, clear agreements, and regular employee talks about cooperation and development.
- Work assignments should be clear and unambiguous. They should also be regularly checked to see if they are realistic.
- Employees should be "fairly and performance-oriented" paid, i.e., according to the tariff. A wage table with comparable positions in public service (TVoD) is attached to the Code of Conduct for orientation.
- Working hours must be documented. "The maximum working time of 10 hours per day should not be exceeded," the document advises. Overtime should not be assumed. Saturdays, Sundays, and statutory holidays should generally be free of work.
- At least three months before a Bundestag election, discussions should take place with employees about whether they can expect continued employment.
- Holidays are for relaxation: "Employees must not be reachable in any way during their holidays."
- Mobile work or home office should be made possible, "as far as the business interests allow": "As a rule, a combination of presence in the office and mobile work is desired." It is "expressly desired" that employees take parental leave and can return to the same conditions afterwards.
- In case of conflicts, written agreements should be reached to improve the situation. If this does not help, MPs are encouraged to involve the employee representation and/or the so-called "trustee MPs."
The paper is not the first Code of Conduct for the Greens: They had already passed rules over ten years ago, which they have now updated. In the previous version, there was no mention of a wage payment or Home Office regulations. The guidelines for conduct in conflict situations were also tightened.
"As Greens, we have a high standard for how employers treat employees. We want to uphold this standard ourselves, which is why the fraction has recommended the Code of Conduct to its members," said Anja Reinalter, one of the parliamentary leaders of the Greens and significantly involved in the new regulations, to stern.
Rules are unique in the Bundestag
This is unique in the Bundestag. A query by stern to the other factions revealed: None of them have a similar catalog of rules for the MPs' dealings with their employees.
The FDP has a Code of Conduct for the treatment of employees who are employed by the faction, but not for the MPs. This is explained by the fact that the relationships between the MPs and their employees are private law matters that are agreed upon between the respective MPs and their employees. The Green catalog is therefore only a recommendation, but not legally binding.
In practice, this often means that politicians without significant leadership experience must suddenly manage two offices (in the constituency and in the Bundestag) with several employees, in addition to their political work. This frequently leads to cases of overburdening.
However, the factions find it difficult to impose conduct rules on their members. One reason for this is that, according to Article 38 of the Basic Law, politicians are free and not bound by any instructions in their mandate. Conversely, this means that there is little to no control over how they treat their employees.
Even the SPD did not create a Code of Conduct after the Hinz affair. However, the fraction refers to the fact that employees of MPs have a collective bargaining agreement with Verdi, which was only negotiated for them. However, only those Bundestag MPs are bound by this provision who are themselves members of Verdi or another trade union. Most Social Democrats in the Bundestag are in this category. In contrast to the unbinding Code of Conduct of the Greens, the collective bargaining agreement is binding.
The Social Democrats appeal to the goodwill of their MPs. "Bundestag MPs have employer responsibility. This includes employee rights, good working conditions, and good salaries," the fraction states.
The Left also reported not having a Code of Conduct for MPs, but they do have their own works council for the employees of MPs.
The Sahra Wagenknecht Group did not answer stern's inquiry.
After the public exposure of Petra Hinz's misconduct, the SPD failed to implement a Code of Conduct for its Bundestag faction regarding employee treatment. In contrast, Alliance 90/Greens recently passed such a regulation, emphasizing their duty of care towards their employees and setting guidelines for fair pay, reasonable working hours, and conflict resolution.
