Fellow recruiting professional James Kimbrough, a Senior Engineering Recruiter with Calsonic Kansei North America, has shared this item from USA Today on how to make a good impression in phone interviews in an online discussion group of the German American Chamber of Commerce (AHK).

A good idea to post it for our audience, I think.. Not so much because of the crying children and barking dogs in the background (as mentioned in the USA Today story), but because it also reminds us of a job search and phone interview aspect – in our particular niche – that sometimes gets lost in the shuffle:

namely: that culturally, many job applicants with a German background in the U.S. frequently have not had the opportunity to develop a “phone personality”, even those who come from affluent, well-educated households.

Of course, there are exceptions. Yet, at least in my personal experience, it is much more common in many American households and schools that parents and teachers / career counselors help their kids and students in “refining” their phone personality – how they come across over the wire(less), and put their best foot forward, in a socially/culturally compatible manner. In addition, there are many books for job seekers in the U.S. where this topic is addressed.

Not so in Germany, and it sometimes shows within the first 30 seconds when an American recruiter comes calling. I sometimes cringe, because such candidates are automatically at a disadvantage, without even knowing it. And it’s so easy to fix.

Ah, I hear the “typical German” comeback: “Well, my tremendous achievements / qualifications should be what counts here, right?” Well, in most positions that require a certain degree of education and qualification, phone contact with partners / customers / (inhouse) clients is practically “built in”. Modern employers are very conscious that all employees, in one way or the other, are the face of their company.

Which usually means that Paul Maulfaul, or Sabine Schnippisch-Schnitte, has lost this round already…

That’s at least how one could, very lightly, summarize a recent story in Germany’s WELT ONLINE, the Web version of the influential daily newspaper Die WELT.

Under the headline “Polen, die Gründerkönige der deutschen Wirtschaft” (The Polish – Entrepreneurial Kings of the German Economy), it reports on the findings of a (2009) survey by the German Ministry of Economics.

The study concludes that immigrants (from Poland and other Eastern European countries, as well as such from Turkey or Italy) are three times as likely to start a business on their own as their German-born peers.

While the construction/contractor business still accounted for one third of the Polish founders in Germany, the survey also found a remarkable shift towards service industries.

Let’s be clear here: Fortunately, this is modern Europe. So national and ethnical stereotypes are a thing of the past – good riddance! And of course the survey didn’t count all the innovative and service-minded German immigrants who demonstrate entrepreneurial spirit on a daily base – in the U.S., in China or India

Nevertheless, American companies looking for a few good men and women in Berlin, Frankfurt, Hamburg, or Munich, for example, will certainly take notice of this survey.

Especially in startup-prone industries, where entrepreneurial spirit, intercultural experience and competence, as well as workplace flexibility, count for a lot.

The more so, if the U.S.-based company is planning to branch out to Poland and other countries in Eastern Europe. Hungry, multi-lingual talent on the ground in Germany, boasting Polish, German, English, and often Russian or French language skills, with entrepreneurial spirit and service-minded to boot, may just be what your company needs for a good start in Europe.

Every European and American who runs a business on either side of the pond needs to understand where and how the legal and cultural systems are at odds. The book “Conducting Transatlantic Business – Basic Legal Distinctions in the US and Europe” by August G. Minke aims to help European and American businesses and their business partners understand each other’s business law. It provides insights to better understand the differences by putting the law in a cultural context.

What do German and American companies have to consider when running a business in the other country? The author is intimately familiar with what can go wrong, and how to do it right.

August G. Minke has worked as a corporate lawyer and business manager in the Netherlands, Belgium and Germany before moving to the United States. Mr. Minke is an adviser to European companies conducting business in the United States and to U.S. law firms involved in international litigation with a European touch.

The following excerpts* give you an idea what his book has in store for you:

What are the Employers’ duties?

When hiring employees, employers must fulfill certain duties. In Europe, they must comply with national labor laws. EU member states have incorporated harmonized European rules in their national legislation. As an illustration, rules pertaining to occupational health are very “European” but certain requirements remain country-specific.

In the US, employers must comply with federal as well as state labor law. Some rules overlap, some federal rules provide minimum conditions for which states may impose more stringent regulations, sometimes federal law leaves gaps which are filled in by state law or vice versa.

How long are the standard working hours?

In the USA the federal work week standard is 40 hours, but in practice it is sometimes considered part-time. Yet in many states, working more than a certain number of hours brings overtime pay into play. Practical standards vary widely. In California every minute after the 8th hour in any given day is subject to overtime pay. In New York, overtime begins after the 40th hour worked in a week.

Consequently, New York employees may work four 10-hour days and not be paid overtime, whereas in California this results in eight hours regular pay plus two hours overtime for each of the four days. Overtime in the USA is calculated as ‘time and a half’, or 1.5 times normal wages (plus 50%).

In Germany the situation is different: Germans work between 36 and 39 hours a week, capped at 48 hours including overtime. Overtime pay is to be paid a 25% premium, night work 10%.

What are the minimum wages?

American minimum wage is based on hourly earnings. Federal minimum wage is currently $7.25 per hour. Where federal law does not apply, state minimum wages do. Most states adhere to the federal standard but among the ones that don’t, the range is between $5.15, in Georgia and Wyoming, and $8.67 in Washington State. In some cities the rate approaches $10. A few Southern states do not have minimum wage requirements. Downward adjustments also apply.

In Germany minimum wage is based on monthly earnings. German employees are covered by collective bargaining agreements, which set wages by industry. In practice the minimum hovers around above €1.400, or over €8 per hour. The German ‘mini-job’ program offers work at around €5 per hour.

What kind of workers’ compensation does the employer have to provide?

Workers’ Compensation is an American statutory scheme to provide compensation for an employee’s injuries he sustained on the job. ‘Workers’ comp’ holds employers strictly liable even when the employer has been merely negligent. The employee does not need to prove fault.

Workers’ compensation is an exclusive remedy –meaning that it prevents employees from suing their employer or co-workers for job-related injuries. The insurance does not provide for pain and suffering, nor for torts claims or punitive damages. It does not cover 100% of lost wages. Yet it may not be excluded or replaced by a better plan. The exception is that an officer who is also a controlling shareholder of a business can seek approval to exclude himself from the policy.

What about workplace harassment?

American and European cultures don’t understand harassment in the same way. In general, Europeans have a broader view of what behavior is acceptable. Harassment based law suits are often seen as frivolous. In the US the norm is more stringent.

Different cultural perspectives also lead to different interpretations of the law. On both continents it is the responsibility of an employer to safeguard the workplace against harassment and discrimination, but the consequences of misconduct are felt differently. In Europe, the person guilty of misbehavior is eventually punished. In America, it can also be the employer.

Are there any differences regarding discrimination and equal opportunities?
Equal opportunity in principle means prohibiting employment discrimination on the basis of race, color, religion, gender, nationality or birth, et cetera. The difference between Europe and the US can best be explained with the example of age discrimination. In the US, it is illegal to discriminate against older employees at the hiring stage. In Europe, it is illegal to discriminate against older employees at the firing stage.

While European résumés, or curriculum vitae, include the age and gender of an applicant – and in some countries a photograph – American employers are prohibited from inquiring about a job applicant’s gender or age at any stage during the application procedure. American federal law prohibits discrimination based on age with respect to employees aged 40 years or older. The same applies to medical disabilities (except for drug abuse), union membership or prior bankruptcy. The system is most rigid in the first stage of the process, when no interview or phone call has taken place yet and a true unbiased selection based on merits can take place.

An exception to the above is ‘affirmative action’, which is promoted in the US. In Europe this practice is no longer valid. It is known as ‘positive discrimination’.

Of course, there are a lot more things to consider when it comes to employment law in the US and Germany. If you are curious to learn more about transatlantic business regulations, take a look at the book Conducting Transatlantic Business on bookboon.com. It is free to download.

Kati Brown

Further information on the topics mentioned in this post can also be found on the Germany-USA Career Center’s main website, here: Recruiting & Hiring in Germany and Personalbeschaffung in den USA (in German)

Legal Disclaimer – please note:
The information available on this website to the public does not constitute legal advice.  No information contained on this web site, associated sites, communications, email, or other sources or communications should be taken as legal advice or legal opinion for any individual case or situation. Employment laws, regulations, and policies are subject to change, compliance with standards and procedures depends on the particular circumstances. Internet subscribers and online readers are advised to consult with an employment attorney prior to taking action.

]]> http://www.germany-usa.com/blog/?feed=rss2&p=221 0 http://www.germany-usa.com/blog/?p=220 http://www.germany-usa.com/blog/?p=220#comments Fri, 18 Nov 2011 22:50:34 +0000 admin http://www.germany-usa.com/blog/?p=220 #leftcontainerBox { float:left; position: fixed; top: 60%; left: 70px; } #leftcontainerBox .buttons { float:left; clear:both; margin:4px 4px 4px 4px; padding-bottom:2px; } #bottomcontainerBox { height: 30px; width:50%; padding-top:1px; } #bottomcontainerBox .buttons { float:left; height: 30px; margin:4px 4px 4px 4px; } from the Germany-USA Career Center job board: Our client, with headquarters in Munich / Germany, is a global player in the field of camshaft drives, chains and system parts for automotive engines. For its U.S. operations in Troy, Michigan the company is looking for a Design Engineer The Design Engineer reports to the General Manager Continue reading →]]> #leftcontainerBox { float:left; position: fixed; top: 60%; left: 70px; } #leftcontainerBox .buttons { float:left; clear:both; margin:4px 4px 4px 4px; padding-bottom:2px; } #bottomcontainerBox { height: 30px; width:50%; padding-top:1px; } #bottomcontainerBox .buttons { float:left; height: 30px; margin:4px 4px 4px 4px; }

from the Germany-USA Career Center job board:

Our client, with headquarters in Munich / Germany, is a global player in the field of camshaft drives, chains and system parts for automotive engines. For its U.S. operations in Troy, Michigan the company is looking for a

Design Engineer

The Design Engineer reports to the General Manager of the U.S. subsidiary.

Profile / Responsibilities:

• The Design Engineer is the first technical contact person for US customers. In this role, the Design Engineer collects the technical specification and requirements from the customer, filters for most important subjects, and communicates the technical requirements to the company’s headquarter in Munich / Germany.

• Following initial job training, the Design Engineer is able to solve basic chain drive issues without guidance, and to guide the customer during the concept phase of a new project. The Design Engineer is able to react to simple design changes, and creates first technical concepts, with minimal guidance from Munich.

• This includes all automotive industry customers in USA.

• The Design Engineer gives basic assistance in chain drive development to existing, and especially to new customers. In this role, the Design Engineer develops relationships with the development departments of the company’s customers, and identifies new project opportunities.

• The Design Engineer accompanies the customer development teams from first request to SOP, being contact person for technical questions regarding design, calculation and testing, and coordinates activities with the company’s German headquarters in Munich.

• Performance or Organization of the following (examples): Detailed design studies, product specifications, simulation and calculation, testing – in close coordination with headquarters in Germany.

• Project Management, based on customer-specific APQP needs.

• Improve customer service.

Requirements:

• University degree in mechanical engineering

• minimum of three years design experience in the automotive industry

• Knowledge of automotive customers standards and requirements

• Knowledge of engines and timing drives would be a plus

• fluent English

• Strong oral and written communication skills, for reports and customer interaction

• Minimum of three years experience with 3D design system UG NX

• German language skills a plus

• Due to interaction levels and issues handled, strong interpersonal / negotiating / communication skills in dealing with upper-level management.

To indicate your interest in this position and to apply, please use the Germany-USA Career Center contact form here and include your full resume.

No phone calls, please.

Is there a U.S.-based business lawyer / law firm out there who would have some legal tips for U.S.-based companies looking for answers on how to pay a German contract worker / independent representative in Germany? Have you specialized in contract / business law between the U.S. and Germany, representing employers?

There’s an opportunity for you to promote your services on the Germany-USA Career Center website and blog!

The question is frequently asked by (SMB) visitors to the Germany-USA Career Center website.

To serve our particular business community better, we think that it now warrants its own FAQ page.

What are we looking for?
Useful pointers that provide informational value to Germany-USA Career Center visitors. As little “legalese” and as much concise, business-relevant information as possible, given the space restrictions.

What’s in it for you?

High topical visibility with your target audience / potential client base. Pre-qualified lead generation on the premier employment & career services website for this niche (U.S-German / German-American business). Fame Future clients?

If you are interested, please contact the Germany-USA Career Center’s Gerd Meissner directly at gmeissner@germany-usa.com , or call +1 (508) 597-7101, Ext. 1 to discuss details. Thank you!

„Geschäftsverkehr in den USA” ist ein hilfreicher Leitfaden für deutsche Unternehmen betitelt, den der Wirtschaftsanwalt Aaron Wise verfasst hat, Partner in der New Yorker Kanzlei Gallet Dreyer & Berkey LLP. Die kurze Übersicht für Firmen aus Deutschland, die ins US-Geschäft einsteigen wollen, ist kostenlos auf

dem Website der Kanzlei als PDF-Datei abrufbar.

Der Leitfadens soll, so heißt es in der Einführung, “Sie, den deutschen Geschäftsmann auf einige Schlüsselfragen aufmerksam [...] machen, die aufkommen, wenn Sie Geschäfte in den USA machen”.

Von der holprigen Übersetzung einmal abgesehen – Germany has its share of business women as well, Mr. Wise, and you might forfeit your firm’s chance to ever meet them this way – ermöglicht die Übersicht den schnellen, unkomplizierten Einstieg in die Thematik.

Angesprochen werden etwa „Exportgeschäfte in den USA”, Verträge mit amerikanischen
„Distributors“ und „Sales Agents“, die Produkthaftung in den Vereinigten Staaten sowie die erforderlichen Schritte beim Gründen von US-Tochtergesellschaften.

Lizenzverträge, Technologieverträge und generell „Intellectual Property“ in den USA werden ebenso beleuchtet wie beispielsweise „Häufige Fehler, die von Nichtamerikanern begangen [sic] werden”.

Vom selben Autor ist auch ausführlicheres Werk für deutsche
Geschäftsleute in englischer Sprache schienen, „A German Business Person’s Guide to
American Law-Business Practices-Taxation“, die ebenfalls kostenlos bestellt werden können.

Die Einführung „Geschäftsverkehr in den USA” von Aaron Wise kann auf dieser Seite heruntergeladen werden.

Given the weak state of the employment market in the U.S., there are more than five questions to ask yourself, if filling a stateside vacancy in your company is taking more than 60 days.

As for business between the U.S. and Germany, the following five can be important, in my experience:

1) Are we using the right network, channels, platforms, print media?

Usage of social networks, in the “real world” and online, varies between the U.S. and Germany, as do the privacy attitudes and job search media usage patterns of both active jobseekers and dormant candidates.

2) Did we consider the differences between advertising career opportunities in Germany, and job advertising in the U.S.?

Hint: still two different planets, basically.

3) How important are German – or English – language skills for this position? How important is being familiar with both – U.S. and German – business cultures? In most cases, it depends on the vacancy.

Rule of thumb: the less critical those requirements, the more it could be advised to “localize” the search. In some circumstances, for instance running a translated – German – job ad version in selected German print publications (industry verticals and/or general interest) should be considered.

4) Where and how can the most desirable (dormant) candidates in a highly specialized field be approached?

There is a big difference, even within the same industries, between the two countries as to where you can find those candidates, and how they can be approached without breaking the law…

5) Have we limited our options by including “locals only” or “current US residents / citizens only” as an application requirement?

If that is the case, you may never hear from that machine tools technician or engineer who is sitting on a packed suitcase in Germany, holding a “Green Card”, and is all ready to go to work for a company in North America – no visa hassle for the employer involved.

Of course, these five questions merely scratch the surface of the new challenges posed by a search for German speaking employees. They don’t include a more obvious one: “What will my boss say?!”

“I don’t know what happened. We have used the same job sites and search services that always work for us with more general searches – but nothing,” is a familiar complaint that I hear from companies who have not used the Germany-USA Career Center yet, and whose search using other platforms and resources is rapidly approaching the 60-days mark.

Hopefully, you will be able to avoid that trap. Tip: plan for a search in a highly specialized niche that is simply – different.

Do you have any questions regarding this blog entry? Call for a FREE consultation on how to bring your search to a  successful conclusion in much less than 60 days!

Did you notice that recruiting agencies and job boards keep playing bait-and-switch with their clients, constantly changing their focus, service and fee structure? Theirs has turned into a buyer’s market, thanks to a miserable economy. And it definitely hurts.

Good for you, the buyer – IF you know to ask the right questions, and how to compare apples to apples (without getting distracted by the occasional orange or lemon the other side throws in, just to make their offer look extra yummy).

In my experience, the following five questions should serve American and German companies in Germany and in the U.S. well, when evaluating organizations, recruiting agencies or job boards for helping them find and hire bilingual or multilingual, highly qualified employees:

• How do you ensure that my resume database search results and job posting responses are really relevant and up-to-date for my company’s and industry’s very specific requirements in business between the U.S. and Germany?

This is a good one, because it helps you tell the good from the bad from the ugly right from the get-go. “Why, you can search 26 trazillion resumes,” should get your alarm bells ringing all at once.

Why? Our niche market saw a relatively constant number of not more than 5,000 candidates being available for employment on an annual average over the past ten years. (Based on official U.S. and German government figures.) Only a subset of this group of usually highly trained and qualified individuals uploads their resume into such general databases. And of those, an even smaller fraction is likely to fit your company’s particular job profile.

Of course, if you like playing the odds on company time and money, make a bet and spend your budget on that resume search! You have to be a very daring and adventurous spirit, though, because searching such a database without national or regional limitations will cost you extra.. Which brings us to another question you should ask:

• Are my resume database search options and job advertising exposure limited by region or nation?

Frankly, you don’t want that, if searching for and reaching out to candidates in all of the U.S., and Germany / Austria / Switzerland at the same time would add to your expenses.

Why? Given the odds and numbers, it would severely limit your company’s chances of finding that machine tools sales engineer or bilingual English-German finance analyst or VP International Sales who might just be the right match.

That is because the mobility and willingness to relocate of most available candidates in our niche is way above average. Someone who has decided to leverage their language skills and familiarity with both the American and the German business culture  to advance their career usually has done enough homework to know their odds of finding an employer exactly where they currently are. (No, not even in that automotive industry hotbed Detroit, MI anymore.)

And they do not necessarily expect relocation compensation. A good example: bilingual German “Green Card” lottery winners with business experience in North America, looking for the right U.S. employer to “transfer” their career to the United States. No visa hassle involved for the future employer – how’s that for a deal?!

Another excellent question – we get it a lot from new clients who have been “burned” before by spending a lot of money on more “general” approaches -  is:

• Why would my company be able to identify and reach different qualifying candidates  through your service – as opposed to those who upload their resume or search jobs on that job board that advertises a “trazillion resumes” in it’s database?

Okay, I admit: The Germany-USA Career Center is by far not the only niche recruitment platform with a very good answer to this particular question, and for very good reasons. They have to do with branding, visibility in both countries and particular industry verticals, focus on the different search styles and patterns, cross-cultural considerations, privacy concerns… Still love this one. Ask us!

Another good question to ask your potential recruitment services sourcing partner for finding and hiring German-speaking employees in the Germany or the U.S. is a very basic one:

• What is your business model?

In most cases worth your company’s consideration, you will find that question answered in some way on the respective agency’s or organization’s website. The answer will still tell you a lot about your chance of success for finding German-speaking, engineers, managers or executives for your American or German company.

Why? If it is a membership-based organization, their success doesn’t depend on the client’s – your company’s – success’. Their bills are paid by government sources or through membership dues anyway. Personnel search and recruitment efforts are commonly handled by interns (“Praktikanten”) .

I have seen one case where the organization’s lengthy resume database disclaimer said that job seekers can be charged for updating their CV! Moreover, some of these organizations have a nasty reputation for keeping a “candidate carousel” going, by recruiting talent for one member firm, then later “poaching” that same corporate member for the benefit of another member company looking to hire a candidate with a matching profile.

If the website, or business card, puts it more general, like “Business Consulting”, there is a chance you may be dealing with someone who is  an expert with their particular industry in our niche, with an excellent network and resources.

But there is also the possibility that it is just a fly-by-night, sideline operation. I know of cases where an “intern” handles – supposedly – recruitment of German-speaking employees for American companies or German companies, because the owners or directors of that “consulting” OR business association outlet have to focus on their day jobs.

The last question in my shortlist will help you figure out how helpful the recruiting database services or job advertising efforts of a particular firm will really be for your company in the American or German market.

It’s also a good one to ask larger recruiting agencies or online recruitment service providers for your industry vertical:

• What resources will your firm put at my company’s disposal for our search, and what kind of charges do apply?

The rule of thumb I learned from conversations with Germany-USA Career Center clients:

The more  complex or complicated the answer to this question, the greater the chances that your company will be disappointed with the actual results, once the first bill becomes due.

It’s that simple.

Gerd Meissner

Gerd Meissner manages the Germany-USA Career Center (www.Germany-USA.com). Since 1997, the agency  has helped U.S. and German companies find and hire employees and independent representatives for their cross-border operations .

He is also the  author of the critically acclaimed company biography “SAP – Inside the Secret Software Power” (McGraw-Hill). His contributions have appeared in the New York Times,  in Germany’s Der Spiegel, Italy’s La Repubblica,  and Spain’s El Pais, among many other well-known publications.

If you have visited our site recently, you may have noticed that we are in the process of a big “spring cleaning”, design-wise and all. Some bigger announcements will follow within the next days.

One smaller addition is a “useful terms” glossary for representatives of U.S. companies looking for information on how to find and hire employees in Germany. If you are familiar with our site, you know there’s tons of it, including a Q&A on Employment Law in Germany.

With the short glossary, we took a stab at some of the terms managers should get familiar with when searching talent / recruiting / hiring in Germany, or posting / advertising jobs in German-speaking countries in Western Europe. It’s certainly work in progress, and feel free to throw any terms at us that you think are missing!

Check out the here:

Glossary: Recruiting & Hiring Employees in Germany

For further information, please go to http://www.Germany-USA.com/career-adviser/ !