Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Germany (Ratification: 1958)

Part XIII (Common provisions), Article 69(i) of the Convention. The Committee notes the comments made by the German Confederation of Trade Unions (DGB), dated 19 March 1990, concerning the implementation of Article 69(i) of the Convention. According to the above organisation, section 116 of the federal Employment Promotion Act, as amended in 1986, is not consistent with the Convention. The above communication was brought to the attention of the Government by the International Labour Office on 30 March 1990.

In this connection, the Committee recalls that it commented on the question of the suspension of unemployment benefit in the event of trade disputes in its 1989 observation in which it asked the Government to continue to provide information on the way in which practical effect is given to the provisions of section 116 of the Employment Promotion Act and the last subsection of section 133 of the same Act, as amended by the Act of 1986. It also asked the Government to provide copies of any rulings issued by the Neutrality Committee.

Consequently, the Committee again expresses the hope that the Government will not fail to provide the information requested in its next report, together with any other comments it deems appropriate on the latest communication from the German Trade Union Confederation. It would be grateful if the Government would also provide the text of any rulings on the constitutionality of section 116 of the Employment Promotion Act, as amended.