"The federal government has long been talking about reducing bureaucracy and promising to ease the burden on German companies. But instead of following up with action, the ZDB is imposing further bureaucratic shackles on businesses," says the ZDB. (Photo: © Andrea De Martin/123RF.com)
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The Federal Cabinet is about to make decisions on two proposed laws. The construction industry warns of even more bureaucratic burdens and a disadvantage for small and medium-sized businesses.
The Federal government will soon decide on two new legislative proposals. Firstly, it is about the Ministry of Economy (BMWK) Procurement Transformation ActAccording to BMWK, this will speed up the procurement procedures simplified, accelerated and digitizedAt the same time, public procurement socially, ecologically and innovatively orientedIt contains almost 200 individual proposals for the reform of public procurement law above and below the EU thresholds and is intended to help the administration and economy by around 1,3 billion euros relieve.
Smaller orders should be easier – as Direct orders without complex procurement procedures – awarded, proof obligations for companies significantly reduced and digitalisation in procurement and review procedures will be further advanced. The legally binding consideration of social and environmental aspects in procurement procedures is intended to strengthen sustainable procurement. "The planned measures are easy to implement and oriented towards the reality of procurement practice. At the same time, they preserve the necessary flexibility for contracting authorities," promises the ministry.
Secondly, the Cabinet votes on the Federal Collective Bargaining Act des Ministry of Labor (BMAS). The law is intended to Ensuring the functionality of collective bargaining autonomyby protecting and promoting collective bargaining. A "broad involvement of employees at the company partnership level" is intended to be an essential prerequisite for strong social partnership The BMAS wants to Disadvantages of collective bargaining companies in competition for federal public contracts and concessions remove.
In future, companies should pay their employees when they carry out public contracts and concessions from the federal government must guarantee collectively agreed working conditionsMore digitalization should Online works council elections which are to be tested in the upcoming regular works council elections in 2026. Furthermore, employees will be better protected when establishing a works council and the work of the works council, as criminal offenses against works constitution bodies and their members will no longer be prosecuted on application, but be prosecuted ex officio.
Operations management
Operations management
Operations management
The current drafts would even more bureaucratic tasks mean and at the same time disadvantage small and medium-sized businesses, warns the Central Association of the German Construction Industry (ZDB) and calls for both draft laws to revise thoroughly"The federal government has been talking about reducing bureaucracy for a long time and has promised to ease the burden on companies in Germany. But instead of following up on this, the companies are the next bureaucratic shackles We urgently warn of the consequences that both laws would cause," says ZDB General Manager Felix Pakleppa.
He criticizes the proposed measures in the Procurement Transformation Act: "The draft bill of the Federal Ministry for Economic Affairs and Energy envisages that in future the public sector to make it even easier, planning your own projects completely The principle of lot awarding actually applies; contracts must be divided into quantities and tendered according to specialist areas. The new law opens the door for public building contractors, to put a contract out to tender in full and leave the planning to the executing companies."
The result is that only a few large corporations can bid for public contracts in the construction sector. Pakleppa: "The medium-sized construction companies have the disadvantageAnd this is at the expense of the taxpayers, since only one broad competition among domestic medium-sized companies good prices In addition, states and municipalities will be expected to specify even more social or environmental tender conditions when looking for construction companies. This will lead to more documentation and proof requirements."
The Collective Bargaining Act means more effort for all parties"The law aims to promote competition and bind companies more closely to collectively agreed payments – but it will have the opposite effect", explains Pakleppa. "No company will join a collective bargaining association, no employee will join a union. It is not only companies that always comply with collective agreements that will benefit, but also those that only for the duration of the federal contract promise to comply with the collective bargaining regulations specified in more detail by a legal regulation," he predicted.
Whether companies will immediately become disrespectful to collective agreements again is a matter not matter. "One permanent collective bargaining agreement cannot be achieved in this way. Collective bargaining requirements set out by the legislature only produce new bureaucratic hurdles and costs for everyone: for businesses and the public sector. Evidence and audits will increase on both sides, placing an additional burden on small and medium-sized businesses in particular." It is therefore urgently necessary to revise both laws. "Both drafts are the opposite of what we need."
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