Unintended consequences

The nice thing about small and local companies and people is that they can be taxed and various fees can be levied. People and small companies cannot so easily change their locale so they must pay these fees to to local governments. The situation is much different for large companies and multinationals, they owe allegiance to their shareholders and can reasonably easily move factories and offices to take advantage of various resources or tax codes.

Governments are not especially fond of this fact being rubbed into their face, but as long as the companies are providing local jobs and some taxes they are to be tolerated. But there is another player who also exists in the play somewhere between honest citizens and tolerable multinationals, the external consultant. These people have the mercenary approach of the multinational and are less favored as they may do things to actually reduce their taxes, but they do not bring in factories or offices.

In addition to this they do not have marketing departments nor lobbyist firms to argue their case, so this is a very convenient group for governments to take focus on – reasonably defenseless and who are trying to reduce what taxes they pay.

So I was not surprised to hear that 2014 had ushered in a new law in Germany which at first I misunderstood. The law was designed in a rather odd way, it was to tax any reimbursed expenses that exceeded a one thousand euros per month.

A few questions later, I discovered that this was actually intended to be for people who were working at a location for 48 months or longer. Yet the other thing was this law was actually aimed at regular employees who simply happen to be working at another company for four or more years. Yup, if you rent a car, take a train, or fly to the customers site and stay in a hotel each week, you would easily exceed this threshold. In effect you would actually be paying taxes on your own expenses for the privilege to work for your employer at his customer.

You cannot cover every contingency

It is impossible to cover every possible contingency for a lot of reasons. Like programming software you don’t always know what you do not know. It is possible to mitigate some of these situations. If you expect that your data center could be flooded or destroyed by a hurricane you may have a contract with a disaster recovery provider or if you are worried about a system reliability you may have redundant features such as hard disks, network interfaces or controller cards. There is no firm in the world that can afford to have complete redundancy.

During one of my projects we had very ambitious goals for the Treasury, so ambitious that we could not implement it all at one time. Support of the productive system was handed over to a small group of people in headquarters while the project team worked on new functionality. Of course the project team was considered the second level support in case serious problems occurred in production.

Well one of the contingency plans was that if for any reason there was problems in the project building we should all reconvene at headquarters. This would ensure that second level support would always be available. It turned out that nearby the project building was a construction site for a new high-rise.

Germany, like many other countries that have experienced war, sometimes finds unexploded ammunition during construction. During the excavation for the foundation of a new building a WWII bomb was found that needed to be disposed of.

The standard procedure is to bring in a bomb disposal unit to explode the ordinance but first all buildings within a kilometer are evacuated. We were just sitting at our desks when those nice policeman came in and told us that we had to gather our possessions and leave. Just to make sure we followed instructions they stood around to make sure we packed up and left.

Our project management may have known what the contingency plan was, but it was never disseminated to most of the “second level” staff. Even if this had been done most of us did not possess the required pass so we would be allowed onto the corporate campus. It was all for the best that we didn’t go to headquarters as was originally planned because they forgot one more thing. We couldn’t have done any support due to logistics. There were no rooms for us to work in nor computers for us to work on. You cannot plan for every contingency.

I was blissfully unaware and so that afternoon I went to the pool.

Cable inspection

As an employer it is important to have a safe working environment, it would be most unfortunate if a falling brick were to take out one of your HR or payroll people on their way back from lunch. I cannot imagine all of the small things that I have always taken for granted as a person that must be managed by my employer. However, I was in a project building once were our manager came to us and said that there would be a room inspection next week. The preliminary inspection by his boss did come up with a relatively short list of infractions that would need to be corrected.

One thing was the coffee maker. You cannot have a coffee maker, well actually any appliance that is plugged in that is not gone through the approval process. I later heard this was a gross simplification but that isn’t so important. The coffee maker was more than three years old, no one was using because it made terrible coffee. We had to make sure that our desks had at least three feet and 3.37 inches clearance between our desk and the wall or cabinet and there could be no wires underneath our desks.

The wires that he was referring to were networking wires and power wires. Obviously our equipment still needed all of these wires but they needed to be tied up and put into the cable holders. There was a rational for this. You might hear the fire alarm and while standing up you get your feet tangled in the wires where I guess you fall and hit your head on the wall or cabinet and get burned up.

Well, none of us wanted to get burned up in a fire while unconscious so we stopped our development and support (fortunately there were no production issues at that time) and the three of us spent a couple of hours partially disassembling our work environment and stuffing all the cables where they needed to go. It wasn’t a full man day, but this seems a bit ridiculous to have external people working on the internal infrastructure.

Unknown to us, and unknown to our manager the next week somebody from maintenance stopped by to make sure all of our wires were up to spec. The inspectors? Well, it was three guys, who spent perhaps 10 seconds in our room and it is not even clear to us if they bent down long enough to see under our desks.

Campaigning at its best – revisited

Well, with the exception of American politics all political campaigns must come to and end. There will be both winners and losers and the campaign cycle will be over for a few years. After this particular campaign was over I happened to be in the building that contained one of the candidates office and one evening in the lobby was deposited a large1 trash container which is usually used when people change offices and actually need to get rid of those files, folders, keyboards2, mice and all sorts of strange things.

Well the next evening when I once again passed the trash container I saw that there were a lot of campaign “gifts” in the form of wall calendars, year calendars fitting on a single piece of paper as well as small weekly calendar books. Without trying to exaggerate, I can honestly say that the container was half full and was emptied every two days. It was only on the first day did I see the calendars but now I can truly understand that there was not enough “campaign materials” to go around and that it was good they kept very close control over to whom they where given.

1The container was approximately 5” x 3” x 3” in size.

2Yes, I have seen multiple keyboards and mice. Don’t they think they will need to type in the new office?

Campaigning at its best

In Germany large companies have a “betriebsrat”, which is a workers council to represent the employees in the company. Depending on the size of the company depends on how many representatives there will be on this workers council. The representatives for this post are elected from the employees who work at the company. It is a pretty good gig, as once you are elected to such a position, your job is to represent the workers and no longer do your previous position. If your company is really large, then these representatives come from the different groups that make up your company, such as machinists, line workers, etc.

Every year when election time comes time for the voting, just like any good politician these representatives start visiting their constituency with gifts. There is most likely not a very large budget for these gifts so the representatives almost always come with a yearly calendar in hand, showing the different national holidays.

It is actually fairly funny as over a couple week period it is possible to get four or five such visitors with gifts. But by definition, these people are representing the employees of the company. If you happen to be a visitor or even worse an external consultant they don’t want to waste their precious time with you. Well, in some cases they don’t want to shower you with gifts either.

It turned out that one of these representatives came into our room and really didn’t speak with us at all, she was just handing out calendars when one of us make a critical mistake. He thanked her for the calendar whereas she started to questioning if he worked for the company, which of course he did not. This mistake was compounded by informing her that none of us worked for the company at which start came back to each desk and took the calendar back from each of these external contractors. It is probably best that we could not vote in this election as none of us were very impressed with her attitude.

Efficiency at its best

When I started consulting I was actually quite lucky. Even though the company was large, I managed to get a direct contract. Getting truly started was difficult as the company didn’t know to whom I should send my invoices and nobody wanted to take responsibility for my case. It took a couple of months but then everything was sorted out and it was work as normal.

The one constant in the universe is that things change, and so a number of years later after some contractor ended up suing a company for a job (and winning) the company wanted to put a bit of distance in between us and them. The consultancy firm found two different agencies that they could put in between their former external consultants and themselves. If you didn’t have a preference they simply assigned you to their preferred agency. Because this was a requirement of their own making, and they still wanted to keep all their consultants, they paid the fees to the agency.

This agency was like any other and they took your hours, and passed them on to the various companies that order staff through them. Things were ok for the few year or two, but perhaps I should have seen something coming when they moved all of contracts for the consultancy that I worked for to their daughter company.

It was rare occasion that I thought about this situation, but I when I did I couldn’t get over the fact that I was working at the client’s site for the consultancy but I was not really working for them by contract I was working for a agency or perhaps for the subsidiary of the agency.

Real client → consultancy → agency → subsidiary → Me

You get what you pay for, some years later during a contract negotiation I discovered that the agency was literally making a pittance on the contracts from this firm – I guess big companies can negotiate from a strong position. I wasn’t exactly thinking that when I came back from my holidays to discover my agency was in insolvency proceedings.

You would have to think that was pretty much the end, but I did continue to do some work for this firm through a new agency. The end client was the same, the project giver was the same only the difference was the agency in the middle. I guess I learn slowly.

More Potshots at big companies

You can tell a bit about a person’s situation by some of the words that they use. When I first moved to Germany my German language abilities were not that good but I did learn the word for cockroach and tax lawyer and no they were not even used in the same context.

One of the words that has recently ended up in my vocabulary is “Scheinselbständigkeit” which essentially translates to “fictitious self-employment”. The idea is that in Germany the government doesn’t want people to say that they are self-employed but yet they are really tied to their client in a way that is really just a form of disguised employment.

The company form that was described in my last story was designed to root out these types of people so they cannot sue for employment. Well, it was mid-year and the actual task that I was working on was not quite completed so more time was needed. Coincidentally, the client who must have been having some space problems, asked if we could work remotely (yes!) Well, understandably my client didn’t want to pay an all inclusive rate for someone who wouldn’t be traveling. So the discussion came down to please provide an offer for a rate that would not include this expense, they would pay it each trip should travel be necessary.

The funny thing is that if you look closely at this construct, my client was creating a situation where the external resource that they used was looking slightly less “free resource” and more of a “pseudo employee”. I guess the right hand (Legal and HR) doesn’t quite know what the left hand (Purchasing) is up to.

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