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DEPRESSION

EXPLAINED: How are mental health issues at work dealt with in Germany?

Has the steep rise in workplace absenteeism due to mental health issues led to changing attitudes in Germany? Or should you still keep your mental health issues to yourself? Experts and readers weighed in.

EXPLAINED: How are mental health issues at work dealt with in Germany?
Source: dpa-Zentralbild

In the last forty years, the proportion of sick days taken on mental health grounds in Germany has increased more than eight fold and mental health issues are now the second biggest cause of workplace absenteeism.

But has the dramatic increase in cases translated into a better awareness of such issues in the workplace? And does this mean that you should be open with your boss about your mental health issue?

We spoke to two experts and some of our readers to try to answer these questions.

What accounts for the increase in mental health issues in the workplace?

Dr. Tim Hagemann, Professor of Labour and Health Psychology and author of “the Art of Work”, gave us a detailed insight into some of the factors which could account for the steep rise in mental health-related absences from work in recent years. 

“Firstly, doctors are becoming more and more sensitized to recognising psychological problems. Nowadays, doctors are more likely to be able to link physical symptoms to an underlying mental health problem and are, in general, more likely to diagnose depression.”

READ ALSO: Explained: How to receive help with a mental health issue in Germany

Dr. Hagemann added that many aspects of our modern workplace also play a significant role in the increase in mental health problems. 

The normal working day is now beset by technological distractions, he said. The average worker reads between 40 and 50 emails per day, each of which diverts their focus from the task at hand.  

Thus, by the end of an eight-hour day, workers feel exhausted, but have not achieved as much as they would have in the past, which leads to them feeling more stressed and unhappy.

Source: DPA

How are mental health issues seen in the workplace in Germany?

The Bundesteilhabegesetz (Federal Participation Law) came into force in 2017, with the aim of enabling people with disabilities to integrate better into society and to rejoin the workforce after a period of absence.

Although the legislation mainly focused on people with physical disabilities, it also included numerous measures for people which can be – and have been applied – to mental health issues.

Many saw the law as a step in the right direction, but  Dr. Hagemann feels it doesn’t go quite far enough, and more lobbying is required for legislation which protects those with mental health issues. 

On the question of how open employers are to helping staff members suffering with mental health issues, it seems that, in general, managers are becoming more and more proactive.

“Mental health issues are something which cost employers and is therefore something they want to be able to deal with effectively and to take a preventative approach to,” said Dr. Thomas Rigotti, Professor of Industrial, Organizational and Business Psychology at the Johannes Gutenberg University Mainz.

Rigotti told The Local that his institute is often approached by managers seeking advice on how best to manage mental health issues amongst their workforce. 

Perhaps surprisingly, the willingness to address the issue comes from all sectors, including finance, science and production. 

The Berlin based Start-up Evermood, which helps businesses to take a preventative approach to workplace-related mental health issues, has also found that their services are in demand from a wide range of business sectors. 

All Mental Health Issues?

Depression, in particular, is increasingly becoming a recognized health issue in Germany. Following the suicide of German National Goalkeeper Robert Enke in 2009, depression became a high-profile subject which was widely discussed in the German media.

READ ALSO: 'I arrived in Berlin expecting a giddy European adventure. Instead I got depression.'

“Since then it has become a more recognized illness. The use of the term “Burnout” has also become more prominent and has served the function of forming a more elegant description of work-related depression, Dr. Hagemann explained.

Media coverage from 2009 following the death of national goalkeeper, Robert Enke. Source: DPA

However, not all mental illnesses are necessarily treated equally and for conditions such as Schizophrenia, the story is quite different. 

Dr. Hagemann explained that such mental illnesses are still very much stigmatised, “as it is a difficult subject area and it is an illness which may require employees to be absent from work for two to three months at a time”. 

Should you tell your boss about your mental health issue?

Dr. Rigotti is of the opinion that, as far as possible, it is best to be open and transparent with one’s employer and to let them know what they can do to support you through this situation. 

“But of course”, he added “the individual relationship you have with your boss plays a big role in whether or not you feel you can confide in them about your mental health issue. If you feel that they would be unsympathetic, then you should seek out other people to confide in, such as a Betriebsrat (work council) or an Ombudsperson.

If you are having therapy, you can also ask them for advice about how to have the conversation in the work environment.” 

Likewise, Dr. Rigotti advocates openness with colleagues too, insofar as you sense that they will be supportive. 

READ ALSO: What are the main reasons internationals in Germany turn to therapy?

This is sadly however, not always the case. One of our readers from Berlin, who wishes to remain anonymous,  told us about their experience in an IT startup.

“I had been suffering from depression on and off for years and it recently reappeared and meant I had to take time off work,” she said. “One day I overheard one of my colleagues making disparaging remarks about depressed people in the office and I immediately decided that this was not a safe environment for me to openly discuss my problems.”

Source: DPA

In such situations, Rigotti advises that you confide in your private social circle outside of work for support. 

Another of our Berlin-based readers, a sociologist and cultural pedagogue, had a very different reception when she told her bosses about her mental health problems and advocated sharing.

“A couple of years ago I suffered a burnout which was triggered by an interpersonal issue at work,” she said.

“After that, I entered psychotherapy and I decided to be completely open with my employers about my ongoing mental health issues. I never experienced anything but support from my bosses and colleagues and discovered that many had been through the same thing at some point in their lives too.”

So what’s the best thing to do?

Germany is generally on a good track in terms of how mental health issues are dealt with in the workplace and in the wider society, but there is still a lot of work to be done. 

The ideal scenario of a proactive boss who is willing to support their staff with their mental health needs is a reality in many instances but, sadly, far from it in many others. 

The best approach in terms of discussing your mental health issue in the workplace is therefore dependent on the situation within your particular working environment. Do what feels best to you, taking into consideration your needs and taking advice from those close to you outside of work.

Member comments

  1. Where I work mental health issues are looked at as an excuse for not doing your job. It does not matter what is going on with you, if it inhibits your job performance they just find a way to get rid of you.

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WORKING IN GERMANY

EXPLAINED: The legal steps for starting a business in Germany

Whether it's a small start-up or a much bigger venture, there's obviously legal steps to bear in mind when starting up a for-profit business in Germany.

EXPLAINED: The legal steps for starting a business in Germany

Starting up a for-profit company in Germany follows different procedures than either forming a non-profit foundation (a Verein) or registering as self-employed.

If you need to register as a corporation, the first step is to figure out which of two general company types your venture would fall into in Germany. The first is a Gesellschaft mit beschränkter Haftung (GmbH), which is a limited liability company. This is by far the most common option. Another is an Aktiengesellschaft (AG) – or a joint stock company or corporation. While these two tend to be the most common, there are a few others as well.

EXPLAINED: How to start up your own verein in Germany

Setting up a GmbH

A GmbH is very common in Germany – and under it shareholders in the company aren’t personally responsible for the firms debts. You can set up a GmbH with only one person or shareholder. If you have more than one, you’ll need to draw up a notarised agreement between them.

A GmbH must also appoint at least one Managing Director (Geschäftsführer). The Managing Director is allowed to have shares in the company and is entitled to represent the company legally, whereas other board members are ordinarily not able to.

Shares in a GmbH are ordinarily only represented in notarised documents. There are no certificates which confirm that you have shares and those shares cannot be listed on stock exchanges. Shares, however, can be transferred through notarised documents.

The minimum start-up capital needed to form a GmbH in Germany is €25,000. If founders don’t have this, they can start up as an Unternehmergesellschaft – or entrepreneurial company – for €1. However, these are considered as vehicles to get to the financial capital of a GmbH. As such, UG’s are expected to set aside at least 25 percent of any annual surplus as savings. Once they hit the €25,000 mark, they need to change to a GmbH.

A GmbH is generally the most common type of corporation in Germany because the capital and administrative requirements tend to be less onerous – making it suited for small enterprises, for example. As soon as a GmbH enters the Commercial Register (Handelsregister), it legally exists as a company.

READ ALSO: Everything you need to know about becoming a freelancer in Germany

Grounding an AG

A German AG is a company at a different level – and tends to be more for mid-sized to larger-sized business ventures.

In contrast to a GmbH – which needs only one member – an AG needs to have a minimum of five members.

The capital requirements are also twice as much as for setting up a GmbH. You’ll need €50,000 for an AG. These shares can be listed on stock exchanges – although they don’t have to be.

Choosing which legal model of company for your business in Germany depends on its size, your available capital – and how much liability you’re comfortable with. Photo: Getty Images

You’ll need articles of association, authenticated by a notary, to set one up too. As with a GmbH, an AG legally exists when it enters the commercial register.

An AG must also have a managing board (Vorstand). Members are officers of the company and make its day-to-day decisions. They do, however, answer to a supervisory board (Aufsichtsrat). They must also hold general meetings (Hauptversammlungen) to allow for shareholders to exercise control over overall policy.

READ ALSO: What’s the outlook for the German job market in 2024?

Other types of German companies

In general, GmbH and AG companies are the most common ones you’re going to see in Germany. But other – mostly more complex models – exist.

These include an Offene Handelsgesellschaft (OHG), or General Partnership. This would often be for a company of two partners who had each contributed half the capital. They would share in half the profits but also each be liable for the firm’s debts – to an unlimited amount. You may find that certain family-run businesses use this model. The risk here is that the partners would be personally liable – down to their own assets – for the firms debts.

A variation of this is a Kommanditgesellschaft (KG) – or a limited partnership. This happens when one partner is entirely liable for the firms debts – down to their personal assets, while the other one is not. The limited liability partner would still be liable for the firm’s debts up to and including the amount they had invested in the company itself though. This model might be common for family-owned businesses that bring in outside experts to run day-to-day administration – for example.

Another complex arrangement is a combination of a GmbH and a KG – to a GmbH & Co. KG. Essentially this joins a GmbH and a KG together in a partnership agreement. While very complex and not often used, this kind of partnership may serve as a way to limit the recourse a company creditor has to go after a company member’s personal assets – with more liabilities tied up in the GmbH, which has limited liability.

More complex arrangements are available too for companies that want to have a presence in Germany but their head office might be abroad. These include a subsidiary (Töchtergesellschaft) and Zweigniederlassung – or a branch office. If you’re dealing with these kinds of entities, it’s recommended you seek tax and compliance advice to confirm which one is necessary. In general though, a subsidiary will manage many of its own affairs apart from its parent company. A branch office is likely to have only a small presence in Germany while the bulk of administrative tasks are handled elsewhere.

Knowing which one is applicable is important as it helps establish whether you need to make an entry in the commercial register or not – and what taxes will have to be paid.

Articles in The Local are not meant to replace professional legal or tax advice. We recommend speaking to an appropriated professional in case of further questions.

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