Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Germany (Ratification: 1929)

The Committee notes the information concerning the application of the Convention provided by the Government in its report. It requests the Government to provide further information on the points raised below.

I.  Association of the employers and workers concerned in the
  operation of minimum wage fixing machinery under the
  terms of the Homework Act of 14 March 1951, as amended

The Committee notes that the report provided by the Government does not contain additional information on the manner in which the employers and workers concerned participate in practice in the operation of the minimum wage fixing machinery established by the 1951 Homework Act, as amended. It notes that the Government refers in this respect to its previous reports in which it states that the employers and workers covered by the scope of the Homework Act participate in so far as possible in wage-fixing procedures. In this respect, the Committee requests the Government to provide further information on the practical arrangements to ensure the participation of the employers and workers concerned in equal numbers and on equal terms in minimum wage fixing machinery, as required by Article 3, paragraph 2(2), of the Convention.

II.  Application of the 1951 Homework Act to "external
  assistants" working at home

The Committee notes from the report provided by the Government that the minimum wage rates applicable to employees in enterprises in the apparel sector have been extended to "external assistants" working at home in this sector. While noting the Government’s statement that the determination of minimum wage conditions for this category of workers only appeared necessary in the apparel sector, in which these workers are the most numerous, the Committee notes that the Government has been indicating, since 1984, the lack of statistics on the number of these workers. It therefore requests the Government to indicate the legal framework applicable to these workers in relation to minimum wages in homeworking industries other than the apparel sector. Furthermore, the Committee hopes that the Government will be in a position to take all the necessary measures to compile and send with its next report detailed information, including statistics, on "external assistants" working at home, including their numbers and the wage conditions applicable to them.

III.  Introductionof a minimum wage in the construction sector

The Committee understands that, since 1996, the employees of foreign enterprises carrying out construction work in Germany must be paid at the same level as the employees of German employers by virtue of a collective agreement which has been extended by decree. It requests the Government to provide a copy of the text extending the agreement and would be grateful if the Government would keep it informed of the procedures by which employers’ and workers’ associations in this sector were consulted for the purposes of the extension of the minimum wage established by agreement in accordance with Article 2 of the Convention. The Committee would also be grateful if the Government would indicate the arrangements under which the employers and workers concerned, in this case foreign employers and workers carrying out construction in Germany, have the opportunity to be involved in the operation of the minimum wage fixing machinery established in this sector in accordance with Article 3, paragraph 2(2), of the Convention.

IV.  Article 5 of the Convention and Part V of the report form

The Committee notes the statistics provided by the Government on changes in the hourly rates of minimum wages for homeworkers for the period 2001-02. In view of the fact that the Government’s reports exclusively cover the minimum wage fixing machinery in the homeworking sector, the Committee would be grateful if the Government would provide detailed information with its next report on all economic sectors and on the provisions of collective agreements establishing minimum wages, as well as the minimum wage rates fixed by such agreements. Indeed, the Committee is of the opinion that even though, under the terms of Article 1, paragraph 1, of the Convention, a State which ratifies this instrument is not bound to create or maintain machinery whereby minimum rates of wages can be fixed, if there exist arrangements for the effective regulation of wages by collective agreement, a system for the fixing of minimum wages, whether by legislation or agreement, can be considered effective within the meaning of the Convention only in so far as it excludes the possibility of exceptionally low wages and establishes real minimum levels below which workers’ earnings cannot fall. It is therefore bound to request information on the number of workers who are not covered by minimum wage rates established by collective agreement, the coverage rate of collective agreements establishing minimum wages and the sectors not covered by collective agreements fixing minimum wages. The Committee would also be grateful to be provided with any other information on the application of the Convention in practice, and particularly extracts from the reports of bodies responsible for supervising compliance with minimum wages.