What are the accusations made by the “Freie Arbeiterinnen- und Arbeiter-Union” (FAU) against the Heinrich Böll Foundation about?
Three years ago, the Heinrich Böll Foundation invited tenders for the conference support services and for seating arrangements. These are technical services for the Foundation’s events, which take place irregularly. It makes economic and organizational sense to commission external service providers when managing a conference center. One company was awarded the contract in accordance with public funding law (Zuwendungsrecht) guidelines. As their employer, this service provider is responsible vis-à-vis its employees for staff deployment, remuneration; execution of customer projects; personnel administration; and facilitating the representation of employees’ interests.
Some of the firm’s employees brought legal action before the labor court against the Foundation with the goal of attaining employment with the Heinrich Böll Foundation.
Does outsourcing affect other areas as well?
In addition to the conference center, we have also outsourced the following services: reception, media technology, and janitorial services. These contracts, too, were awarded in accordance with the guidelines of public funding and procurement law (Zuwendungs- und Vergaberecht), which are binding for federal institutions. We work with firms that either comply with the current collective agreement for the business sector in question – media technology and janitorial services – or even pay higher wages.
Why does the Foundation work with external service providers?
There are several reasons: One reason is our uneven demand for some services, another is that external firms (or freelancers) have special qualifications that we utilize on a case-by-case basis – for example, in the areas of science and policy or administration and technology. Finally, there are also sound business reasons for employing external service providers to complement our own human resource capabilities: In particular in the case of services that are not required throughout the year, internal personnel costs would increase significantly. This is true especially for the costs for human resource management and administration as well as equipping workspaces, etc. This would increase personnel costs, which in turn would run counter to our obligation to spend public funds economically. Higher personnel costs would reduce the amount of funding available for political education in Germany.
Does this contradict the position of the Green Party concerning temporary agency work, minimum wage, etc.?
As a political foundation, we are closely affiliated with the Green Party, but are not a division of the party. As a publicly funded institution, we are subject to the rules of public funding law (Zuwendungsrecht) as if we were a federal institution, as are all other political foundations. Such institutions are bound by the principle of economical use of funds. Put simply, contracts must always be awarded on the basis of the most economical bid. The firm in question submitted a bid according to these criteria and was awarded the contract on this basis.