Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

Part XIII (Common provisions), Article 69(i), of the Convention. In its previous comments concerning the suspension of unemployment benefit in the event of trade disputes, the Committee requested the Government to supply information on the manner in which sections 116 and 133, last subsection, of the Federal Employment Promotion Act are applied in practice and to provide copies of any rulings issued by the Neutrality Committee, as well as of any rulings concerning the constitutionality of section 116 of the Act. In this respect the Committee notes the communication, dated 12 December 1994, received from the German Confederation of Trade Unions (DGB) which refers to a judgement of the Federal Social Court of 4 October 1994 concerning the application of section 116 of the above-mentioned Act; according to the DGB, this judgement would have an adverse effect on the application of the Convention. This communication was transmitted by the Office to the Government for observations. In its reply received on 18 January 1995, the Government states that it was not possible to provide information at the present time on the substance of the matter, since the grounds of the judgement of the Federal Social Court are not yet known. The Government adds that as the question of constitutionality of section 116 of the Federal Employment Promotion Act has now been brought before the Constitutional Court, it is unable to indicate when any further information would be available. The Committee takes note of this statement. It hopes that the Government will be able, in its next detailed report, at the latest, to provide full information on the practical application of the aforementioned sections of the Federal Employment Act, including on the matters raised by the DGB, together with copies of the relevant judicial decisions.