First-name culture
Definition and origin of the term first-name culture
The first-name culture refers to a form of communication within companies and organizations in which employees address each other informally with ‘Du’, regardless of their position, as opposed to the formal address ‘Sie’. Originally, first-name culture is an element from Scandinavian and Anglo-Saxon contexts, where flat hierarchies and direct communication have long been common. In the German language, the formal address has traditionally been valued, especially in formal and professional settings. The development towards a first-name culture is considered an expression of increasing collegiality and the loosening of traditional hierarchies.
Relevance for law firm culture and leadership
The first-name culture is playing an increasingly important role in the daily working life of many law firms. It influences how collaboration within teams and between different hierarchical levels is shaped. The introduction of informal address (‘duzen’) is often seen as a sign of an open and trusting working atmosphere and can be part of a modern leadership culture. Through first-name culture, leaders often signal a partnership approach that focuses on the personal contribution and individual development of employees.
A living first-name culture can simplify internal communication processes and help employees overcome inhibitions about openly expressing ideas and concerns. This in turn supports a company-wide culture of learning and feedback.
Historical and current developments
Traditionally, formal address (‘Sie’ culture) predominated in many German organizations, particularly in law firms. Over recent decades, but especially with the increasing international exchange and digitalization, a cultural shift has taken place. Companies and organizations began to model themselves after international examples and to break down hierarchies.
Due to globalization, the influence of digital working methods, and the value shift of younger generations, first-name culture has gained significance in Germany and within law firms. Today, more and more law firms are consciously choosing this form of address, either between all employees or within specific teams.
Effects on collaboration, communication, and working environment
First-name culture can significantly shape collaboration in law firms. Informal address often leads to an open communication culture and can help new employees integrate more quickly. The removal of formal barriers often results in a stronger sense of community.
Another central aspect is a transparent and appreciative feedback culture. Employees are more likely to raise problems or new ideas when they feel part of a team at eye level. Additionally, first-name culture can strengthen team spirit and foster motivation and identification with the organization.
However, consistent and conscious implementation is crucial. For example, if informal address is introduced only formally, without further developing other hierarchical structures, there is a risk that the desired positive effect will not occur, or that uncertainties regarding appropriate conduct may arise.
Relation to career paths and leadership responsibility
In the context of individual career paths, first-name culture offers opportunities for earlier and more active involvement in decision-making processes. Even employees with little professional experience have more opportunities to contribute and be understood through open communication. This fosters the development of personal skills as well as the assumption of responsibility.
For leaders, the task is not only to set an example for open communication, but also to create binding structures in which informal address is meaningfully embedded. It remains important to clearly define roles and responsibilities and to maintain respect, reliability, and dependability even within a first-name culture.
Opportunities and challenges in implementation
Opportunities
- Promotion of team spirit: The feeling of belonging is strengthened, supporting motivation and commitment.
- Open channels of communication: Employees can more easily communicate and raise their concerns.
- Attractiveness as an employer: For many career starters, a modern, open working environment is appealing.
Challenges
- Individual preferences: Not all employees are comfortable with informal address or find it appropriate, especially with regard to different generations or cultural backgrounds.
- Unclear hierarchies: Informal address should not result in misunderstandings about responsibilities or procedures.
- Limits of familiarity: In certain situations, especially towards clients, formal address may still be appropriate.
Frequently asked questions (FAQ)
What distinguishes first-name culture from formal address culture?
First-name culture is characterized by addressing individuals informally with ‘Du’. In a formal address culture, individuals use ‘Sie’, which symbolizes a more formal and distant relationship.
Is first-name culture binding for all employees?
This depends on the internal regulations of the respective organization. Often, informal address becomes mandatory within the team, while formal address continues to be used towards clients.
Does first-name culture change the relationship between leaders and employees?
First-name culture can reduce the distance between leaders and employees and enable more open communication. However, the distribution of tasks and responsibilities remains in place.
Are there risks in introducing first-name culture?
The main challenge lies in maintaining clear and respectful conduct despite informal address. Furthermore, individual reservations and the overarching law firm culture must be considered.
Is first-name culture an indicator of modern work structures?
First-name culture is often associated with modern, flexible, and team-oriented working methods. However, it is only sustainable if it is supported by everyone and accompanied by appropriate leadership structures.
First-name culture offers law firms a variety of opportunities to improve collaboration and the working environment. However, it also requires a conscious and mindful approach in order to make the most of its potential and to address challenges constructively.
Frequently asked questions
Is the introduction of first-name culture legally permitted in companies?
Yes, in principle the introduction of a first-name culture in a company is legally permissible. Employers have the right, as part of their managerial prerogative, to establish internal communication rules, as long as they respect employees’ personality rights. However, there is no legal obligation for either first-name or formal address. Those who wish to issue work instructions or set internal corporate guidelines may, for example, promote the use of ‘Du’ via a company agreement or as a general guideline. However, there is no automatic duty to use informal address; in particular, the co-determination rights of the works council under § 87 (1) BetrVG must be observed if a collective regulation is to be put in place. It must also be noted that forcing the use of ‘Du’ on individual employees can be considered an impermissible overreach or even a violation of personality rights, and in some cases even bullying. In public service and in certain hierarchical or customer-oriented business areas, mandatory use of informal address may violate good customs or established practice.
Can employees be forced to address colleagues or superiors informally?
There is no general legal obligation for employees to address other employees or superiors with ‘Du’. The right to respect for personality and individual communication preferences protects employees from having to use a form of address they are uncomfortable with. Forcing informal address can, depending on the circumstances—particularly in the case of personal objection or in specific hierarchies and corporate cultures—constitute a violation of the general right of personality (Art. 2 para. 1 in conjunction with Art. 1 para. 1 GG). A contractual clause that makes exclusive informal address mandatory may be invalid. In labor law practice, it is advisable to reach mutual agreement with employees and to respect individual wishes. If disregarded, employers may face claims for damages or even labor court disputes.
Does the works council have co-determination rights regarding the introduction of first-name culture?
Yes, the works council has a co-determination right in relation to the introduction of first-name culture under § 87 (1) No. 1 BetrVG (‘matters concerning the organization of the operation and employee conduct within the company’). If this concerns a company-wide regulation or job-related instructions, the works council must necessarily be involved. Without their agreement, the introduction may be legally invalid. Cooperative coordination in advance ensures that both parties’ interests are protected and legal disputes are avoided. Only in cases where first-name culture is practiced purely on a voluntary basis, without formal instruction or coercion, does the right of co-determination not apply.
What legal risks are associated with violating the preferred form of address?
Disregarding an individual’s preferred form of address may have serious legal consequences. Using ‘Du’ contrary to an employee’s expressly stated wish can constitute a violation of personality rights. In serious cases, there may be claims for injunction or compensation for pain and suffering if the unwanted form of address is repeatedly or demonstratively used. Anti-discrimination protection under the German General Equal Treatment Act (AGG) is particularly relevant if informal address is linked to protected characteristics such as age, gender, or origin. Even in job references or official correspondence, the improper form may lead to legal disputes.
How does first-name culture affect employment contracts and references?
Employment contracts and references are subject to formal criteria, which typically include a polite and correct form of address. Using the informal form in contractual documents or formal references may be deemed inappropriate and can give the impression of a lack of appreciation or professionalism. Legally, employment contracts, warnings, terminations, and job references should always be drafted in the formal ‘Sie’ form unless there is express agreement on the use of the informal address. In disputes, formal defects in references or contracts are often regarded as a disadvantage for the employer.
Can reverting from ‘Du’ to ‘Sie’ have legal significance?
Reverting from ‘Du’ to ‘Sie’ can be legally significant, for example in the context of employment disputes or when terminating an employment relationship. Switching back to ‘Sie’ after a previously practiced first-name culture can be interpreted as an indication of a disturbed relationship of trust. In extreme cases, this may be considered evidence of social exclusion or bullying if it is accompanied by further disadvantages or discrimination for the affected individual. Legally, reverting is not prohibited, but it should be handled sensitively and consensually wherever possible in order to avoid violations of personality rights.
Is there an obligation to use informal address in public-law institutions?
In public-law institutions, first-name culture is particularly sensitive from a legal perspective. The obligation to use informal address is generally not permitted where it contravenes the practices of public service, the principle of neutrality, or existing service regulations. Procedures and hierarchical structures are often more strictly regulated in public service than in private enterprises. Violations of formal communication requirements may result in disciplinary measures. When dealing with citizens and external parties, the use of the formal ‘Sie’ is generally required under the principle of official language, and to maintain objectivity and distance.