"Demanding bureaucracy reduction is not enough, we must show solutions!"

The coronavirus crisis, sustainability, healthcare-related trades, and expectations for a new federal government were the topics of the second "Forum on Crafts Law." Practitioners and academics shared experiences and took a look at upcoming legislation.

This article is part of the special topic Bureaucratic madness in the craft industry

"It's great to be back!" said Prof. Dr. Martin Burgi, Advisory Director at Ludwig Fröhler Institute, about the live event with around 70 guests at the second "Forum Crafts Law" on 15 October 2021 at the Munich Chamber of Crafts. Its Managing Director, Dr. Frank Hüpers, welcomed those present in memory of Ministerial Councillor Joachim Garrecht, Head of the Crafts Department at the Federal Ministry for Economic Affairs and Energy, who died unexpectedly this summer. They had lost a true friend of the crafts sector.

Pandemic as a challenge and opportunity for the skilled trades

The Business challenges for the skilled trades after the pandemic described Prof. Dr. Gunther Friedl, Director of the Ludwig Fröhler Institute, in the first lecture of the day. "Corona was only a short-term accelerator of innovation, but the effect was not sustainable," he lamented. liquidity is currently weakened in many companies, Material shortages serious, he emphasized. Supply chains have been disrupted, while demand has increased. Skills shortage is back to pre-crisis levels. Friedl also pointed out a significant decline in training. "All those who aren't trained now will be missing skilled workers later!" warned the scientist.

As Solution He suggested that craft businesses should be more resilient, that is, more resilience, In the area of ​​skilled workers, in addition to active recruitment, one must also Retain and promote employeesAs an example, he cited a day bakery that offers attractive working hours. To boost customer demand, the craft industry should also product innovations Examples include businesses that were successful during the coronavirus pandemic with disinfection columns, 3D printing of chocolate, or online courses on chocolate making. However, the craft industry must also focus more on Liquidity assurance and make use of government aid. The crisis has also led companies to push ahead with digitalization, for example, remote maintenance of hearing aids. His conclusion: "The skilled trades have been affected by the crisis in various areas, but benefits from its diversity."

Sustainability as a bureaucratic burden

Afterwards, Prof. Burgi spoke about Sustainability as a bureaucratic burden for the craft industry"Almost everyone today is demanding sustainability and, at the same time, reducing bureaucracy," he said. The former, however, also brings with it the danger of more bureaucracy This was shown by the Supply Chain Act, the EU Green Deal or the Federal Constitutional Court ruling on climate protection"The issue has moved from the feature pages to economic policy," Burgi stated. Of course, craft businesses have long been required to observe environmental protection and ecological obligations. But recently, fundamental new structures Although the new laws primarily affect manufacturers, they will in future be responsible for take on to the end users pass on. It is also expected that subsidies and public contracts linked to sustainability This is in the Green Deal and the "Fits 55"programme of the EU. As an example, he cited the "Green Financing" of the EU, which binds financial market players to ecological standards. These companies would then impose these conditions on their business partners, including the skilled trades, Burgi predicted. In Germany, this would be further boosted by the Climate protection decision of the Federal Constitutional CourtIn it, the judges demand a Transformation of all CO2-relevant structures. "Even that Supply Chain Act already contains obligations that large companies will pass on to their suppliers," the lawyer emphasized.

However, the craft industry is not only suffering from these new regulations, it benefit also from it, because it is also a Sustainability designers. Without craftsmanship, such as the energy-efficient building renovation or Repairs, sustainability is not possible. And that is where opportunities, also for political self-presentation and the legitimacy of state Supporter "Bureaucracy is not bad per se," said Burgi, "and it is not completely dispensable. Nevertheless, every new regulation is a challenge for companies." The legal expert distinguished between obligations to act and Obligations to provide evidence, such as those in the GDPR or VOB The individual duty is often harmless, but in sum they constitute a enormous burden for the companies.

What can be done to reduce bureaucracy

Burgi sees the reduction of bureaucratic burdens as a constitutional mandate and showed which options Politics and administration have a role to play in this. He suggested using the available scope and resources such as Prequalification – a preliminary examination of the company, which remains valid for a certain period of time, as is known from public procurement law, for example – and Self-declaration to use more.

In the subsequent Discussion in concrete Dr. Markus Peifer, Head of Organization and Legal Department at Central Association of German Skilled Crafts (ZDH): "In politics there is no knowledge, but a Implementation problem. There is no push to want it politically!" Law and practice often diverge because many companies fail to fulfil their obligations because of Overload could no longer fulfill. The Acceptance is no longer there. This is not seen by politicians. Burgi agreed with Peifer. It is therefore necessary to systematically reduce the individual bureaucratic burdens. the erfass and to politics communicate. Simply demanding a reduction in bureaucracy is not promising. Rather, the craft organisation must also Show optionshow the goal could be achieved. He referred to the solutions outlined in his presentation.

From left to right: Dr. Frank Hüpers, Managing Director of the Chamber of Crafts for Munich and Upper Bavaria, Prof. Dr. Gunther Friedl, Director of the Ludwig Fröhler Institute, Jessica Kuhn, Managing Director of the Central Association of Orthopaedic Shoe Technology, Prof. Dr. Martin Burgi, Advisory Director of the Ludwig Fröhler Institute, Prof. Dr. Steffen Detterbeck, Philipps University of Marburg. Photo: © LFI

Exceptions to the master craftsman requirement are popular

Claus Schmitz, Head of the Crafts Law Department at the ZDH, then gave an online presentation on the update of the Leipzig resolutions on the Crafts Code (HwO). These help in the interpretation of the Old journeyman regulation and exemptions for Master craftsman requirementBetween 2000 and 2020, around 38.000 old journeymen registered in the trade register and 50.000 exemptions He reported that the Case law on supermarketmeat counter He emphasized how important the regulation is for the economy. Currently, master craftsmen and journeymen are difficult to find, and supermarket chains are currently relying on the granting of exemptions, Schmitz said. He drew a preliminary conclusion that the Leipzig resolutions have standardized the licensing practice nationwide.

Doctors in dispute with health care workers

"The evil doctors want to give the health workers the Take away business!" provoked Prof. Dr. Steffen Detterbeck from Philipps University Marburg, tongue in cheek, at the beginning of his lecture on healthcare professionals and doctors in the competition between economic administrative law and social law. This is due, among other things, to the fact that no legal regulation for the definition of the different job profiles. Therefore, one must focus on the Training and examination regulations He explained that there are also overlaps. Detterbeck presented problematic cases in the optician, hearing aid specialist and dental technician trades. For example, the controversial "shortened supply route" with hearing systems from ENT doctors without a hearing aid specialist is possible.

Complex framework conditions for medical aid contracts

Health crafts were also the subject of the lecture by Jessica Kuhn, Chief Executive Officer of Central Association of Orthopaedic Shoe Technology (ZVOS), here specifically about the Law on medical aid contractsThe main focus here was on Section 127 of the Social Code V. This section defines what constitutes an aid, including visual or hearing aids or orthopaedic custom-made shoes, but not dentures. Kuhn explained that the health-care trades are a Prequalification need to create a Care contract with a health insurance company A framework agreement regulates, among other things, the prices. "You are not allowed to hand over any aid without a contract," she emphasized. These trades are subject to supervision under trade law and health law.

Strengthen the position of healthcare professionals vis-à-vis health insurance companies

The Numerous contracts and the different procedures bring a considerable effort for professional organizations, reported the head of the association. Her central association alone has 14 framework agreements with various health insurance companies, some of which are several hundred pages long. These agreements can be modified later hardly negotiate any changes"I miss the eye level," Kuhn lamented. The will of the legislature, Competition: through diverse and individual contracts, this is missed Kuhn therefore called for a Reform of Section 127 SGB V and prequalification as well as new framework conditions for aid contracts to ensure Trades opposite the cash registers strengthenBurgi subsequently pointed out, among other things, that it was constitutional precarious that the health trades in Federal Joint Committee are not represented.

ZDH calls for more trust in the economy

Holger Schwannecke, Secretary General of the ZDH, concluded the lecture series with his Report from Berlin"The cards are being completely reshuffled," he commented on the results of the federal election. "Young people have clear expectations of the Greens and the FDP." Since on that very day, the SPD, Greens, and FDP announced that they Coalition talks want to record, he commented daily on the Exploratory results"All signs point to traffic lights. For us, however, it's not the political color assessment that's important, but the political content."

Your Promise of modernization The new government must also deliver on this promise. The ZDH head discussed the changes planned by the parties. These include, among other things, a reorganization of competencies in the digital sector, an immediate climate protection program, a lead market for electromobility, a minimum wage of 12 euros, an excellence initiative for vocational training, and a Compulsory pension provision for the self-employedSchwannecke demanded that the formation of the government not too long last and there should be no government of the lowest common denominator. At the same time, he expects a new government to better legal regulation, more speed in reducing bureaucracy, real acceleration in planning and approval procedures, as well as more flexibility for institutions. "We need a new beginning!" Schwannecke appealed. "And more trust of the legislator into the economy."

The speakers' contributions will be published in the journal "Wirtschaft und Verwaltung," issue 4/2021. The 3rd Crafts Law Forum is planned for June 2023.

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