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

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

The Committee takes note of the information provided in the Government’s report.

Articles 3 and 10 of the Convention. Right of public service organizations to formulate their programmes in defence of the occupational interests of their members including by recourse to collective action and strike. The Committee has been requesting for a number of years the adoption of measures so as to recognize the right of public servants ("Beamte" including postal workers, railway employees, and teachers) who are not exercising authority in the name of the State to have recourse to strike action.

The Committee notes from the Government’s report that not every job which is currently performed by civil servants will continue to have civil servant status in the future. The Committee notes in particular from the Government’s report, that every principal must decide according to the terms of the Constitution (which limits public service to the "execution of authority in the name of the State") those public duties which are to be undertaken by civil servants. The Committee also takes note of statistical information provided in the Government’s report according to which in 2001 career public servants accounted for 72 per cent of teachers, 23 per cent of teaching personnel in higher education institutions, and 35 per cent of people employed in public service. The Committee notes, moreover, that the number of civil servants in the privatized companies Deutsche Bahn and Deutsche Post continues to decrease and has already declined from around 60,900 to 58,000, and from 175,000 to 170,000 respectively, in the period from 31 December 2001 to 31 December 2002.

Recalling that the organizations of teachers, postal workers and railway employees, among others, should have the right to organize their programmes and activities, including calls for industrial action, free from interference by the public authorities, the Committee requests the Government to keep it informed of any measures envisaged to ensure that these workers will not be sanctioned for exercising legitimate trade union activities, including industrial action, if they so wish, in defence of their economic, social and occupational interests. The Committee further requests the Government to keep it informed of the evolution of statistical trends concerning the number of posts which will change status, especially in the areas of postal services, railways and education.