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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Germany (Ratification: 1956)

The Committee notes the Government’s report.

The Committee recalls that the issue at stake relates to the collective bargaining rights of teachers. In this respect, the Committee indicates once again that it is contrary to the Convention to exclude from the right to collective bargaining large categories of workers employed by the State but who are not engaged in the administration of the State. In this respect, the Committee considers that teachers carry out different duties from officials engaged in the administration of the State, and therefore should enjoy the guarantees provided for under Article 4 of the Convention. The Committee thus invites the Government to study ways with the trade union organizations concerned, in order to ensure a proper application of the Convention.

In its penultimate report, the Government indicated that the Federal Ministry of the Interior and the trade unions signed an agreement on 6 September 2000 under which the experiment of a draft regulation on career, training and examinations was successfully concluded. This project aimed at testing a more extensive collaboration with the trade unions and similar involvement of the leading organizations was planned for further suitable projects. In its report under examination, the Government indicates that the Federal Government will continue, where appropriate, such activities and that, to this date, it has not been possible to arrange for a follow-up project.

The Committee takes note of this information. It invites the Government, with the trade unions concerned, to pursue the initiatives concerning the follow-up project to which it refers, as well as to adopt the necessary measures to ensure the application of the Convention. The Committee requests the Government to keep it informed in its next report.