Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Germany (Ratification: 1961)

The Committee notes the Government’s report and the comments made by the German Confederation of Trade Unions (DGB).

1. Inherent job requirements. Further to its observation, the Committee notes that section 9 of the General Equal Treatment Act, 2006, allows for certain differential treatment on the basis of religion or world view (Weltanschauung) in respect of employment by religious communities (Religionsgemeinschaften). In order to enable the Committee to continue to assess the provisions of section 9 in the light of Article 1, paragraph 2, of the Convention, the Committee requests the Government to provide information on any future court decisions applying these provisions.

2. Equality of opportunity and treatment of men and women. The Committee notes that the employment rate of women slightly increased from 58.9 per cent in 2002 to 59.2 per cent in 2004. During the same period, the employment rate of men decreased from 71.8 per cent to 70.8 per cent. The unemployment rate for women was 10.3 per cent in 2005, compared to 8.9 per cent for men. The Committee notes the DGB’s concerns over the high concentration of women in part-time jobs, over-average representation of women among the long-term unemployed, and difficulties faced by women returning to work. The Committee requests the Government to continue to provide statistical information on the labour market situation of men and women, and to provide information on any measures taken or envisaged to address the issues raised by the DGB, and the impact thereof.

3. The Committee notes from the Government’s report and a number of subsequently issued government publications that action to promote gender equality in the German labour market continued to focus on vocational training and guidance, promotion of professional advancement of women, and measures for men and women to facilitate reconciliation between work and family life, particularly the expansion of childcare services. In this regard, the Committee notes the information contained in the 2003 and 2006 implementation report under the 2001 agreement between the Government and leading employers’ organizations. According to the DGB, the 2003 implementation report illustrated best practices but did not measure progress in achieving equal opportunities for men and women in the private sector where systematic and sustainable policies towards equality were still absent. The Committee requests the Government to continue to provide information on the measures taken to:

(a)   promote gender equality in employment and occupation, as well as on the impact of such measures on the employment situation of men and women; and

(b)   seek the cooperation of both workers’ and employers’ organizations with a view to promoting equal opportunities for men and women, particularly through workplace measures.

4. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s indication that the Industrial Relations Act (Betriebsverfassungsgesetz) offers employers and work councils a variety of possibilities to contribute to the integration of foreign workers and the elimination of racism and xenophobia at the workplace, including the conclusion of workplace agreements on these issues. While noting the Government’s statement that there was no legal requirement to report such workplace measures to the Government, the Committee nonetheless would appreciate receiving some indications on the extent to which workplace measures to combat racism and xenophobia are being put into practice. Noting the statistical information provided by the Government concerning the labour market situation of foreign citizens, the Committee reiterates its request to the Government to provide information concerning equality of opportunity and treatment in employment and occupation of members of the various ethnic minorities (nationals and non-nationals), particularly the Roma, and on whether any consideration is being given to the issue of how to monitor their employment situation.

5. As regards the employment situation of migrants, the Committee notes that, in 2003, the unemployment rate of female and male foreigners was almost double that of the active population as a whole and that the Federal Employment Agency made the integration of persons with immigrant backgrounds one of its priorities. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of persons with immigrant backgrounds and the results achieved through such measures.