Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Germany (Ratification: 1957)

The Committee notes the information contained in the Government's report.

With regard to the denial of the right to strike in the public service, the Government admits in its report that the right to strike is not recognized for public servants irrespective of the functions that they exercise, which might justify different treatment. With regard to public servants exercising authority in the name of the State, the Government states that these functions by their nature form part of the functions assigned to public servants. They are not limited in the strict sense of the term and include a substantial number of general administrative services. Nevertheless, the Government reiterates the information that it provided previously to the effect that it has adopted a policy of reducing public services and limiting them to essential activities and that it therefore favours the privatization of other services. Of the 1,000 enterprises with public participation in 1982, the number has now been reduced to 400. With regard more specifically to employees in the railways and postal services, which are subject to privatization measures, the Government recalls that they can continue to benefit from their status as public servants. In this case, the right to strike is denied to them; however, if they so wish, they may conclude a contract of employment directly with the privatized company. According to the Government, this issue will soon become academic since there will no longer be any public servants employed in privatized enterprises.

The Committee notes the information supplied by the Government.

The Committee recalls, however, that since 1959 it has been expressing the opinion that the prohibition of strikes by public servants other than public officials acting in the name of the public powers may constitute a considerable restriction of the potential activities of trade unions and that this restriction may run counter to Article 8, paragraph 2, of the Convention (see the reminder of this position in the 1994 General Survey on freedom of association and collective bargaining, paragraph 147). The Committee emphasizes the importance of taking the necessary measures so as not to penalize public servants who are not exercising authority in the name of the State, whether they are railway workers, postal workers, teachers or others, or their organizations, for having exercised the right to strike. The Committee requests the Government to indicate any measure taken in this respect in its next report.