Silent Resignation. What is it exactly, and why do people do it? Recently, this term has been circulating online whenever one tries to inform oneself about labor law. But what exactly is it? I will explain that in more detail today.
Whether you are constantly reachable via your stupid phone or working from home via emails, chats, etc., “Quiet Quitting,” the silent resignation, is something known very well in the USA.
In this context, one could also refer to it as “doing one’s duty by the book.” Something that we are currently struggling with quite a bit in our industry. Stopping work during loading and unloading for breaks, starting again on Saturdays, or just having arrived and then stopping immediately. Clocking hours until the doctor comes is something known especially in local transport.
Doing One’s Duty by the Book
In silent resignation, the job itself is not terminated, but rather only the unpaid overtime work. Drivers with a fixed salary have a major problem here. Regardless of how many hours are worked, one usually receives the same salary transferred. This is because for many, there is still no fixed number of hours in the employment contracts that must be worked for the negotiated salary.
The approximate clause “the hours performed are covered by the salary” has not corresponded to valid case law for a long time. It must now state exactly how many hours are meant and how the remainder is compensated.
Quiet Quitting or in German, silent resignation, describes doing one’s duty by the book here. Meaning, unpaid overtime work is no longer performed. Especially the younger generation insists on a balanced work-life balance; for me, the statement: I want to work just as much as necessary so that I have more free time. One can do it; everyone must decide for themselves.
Impact on Our Industry
Of course, one can also do this with us. The legislator allows a weekly working time of 48 hours or the working time can be expanded to 60 hours § 21a ArbZG if the working time of 48 hours is not exceeded on average over 16 weeks.
In general, 208 hours are allowed; more precisely, thanks to § 21a ArbZG , even 240 hours per month are possible. However, only if the working time of 48 hours is not exceeded on average over 16 weeks. Anything beyond that must be decided by each individual for themselves.
Legal Aspects
The question of whether silent resignation is legally relevant must already be considered. To what extent this is bearable or whether a reason for termination could also exist should be clarified.
Prof. Dr. Michael Fuhlrott, specialist lawyer for labor law, explains silent resignation in an interview with the magazine LTO : “Here, the person can be capable and willing to perform, but only within the contractual framework. The work performance can therefore be flawless. But: I do not perform overtime, do not take on extra work, and do not volunteer when it comes to the distribution of extra tasks or special projects.” According to his words, this need not have legal relevance: “As long as the employee fulfills what they must perform contractually, the legal leverage is very limited.”
From my own experience, I can say that silent resignation can also be a double-edged sword. Especially when one sees that other colleagues are favored in certain things, one should not complain. Many employers see it positively if the employee is “more engaged.”
