Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the information provided in the Government’s report in reply to its previous comments, in particular the explanations concerning (i) the tripartite composition of home work committees under the relevant provisions of the Home Work Act 1951, as amended, and (ii) the procedure for extending the scope of application of minimum wage ordinances to employers and workers not initially covered by collectively agreed minimum wages.

In addition, the Committee notes the Government’s indication that statutory minimum wages have now been fixed for three more sectors apart from the main construction industry, i.e. the painting industry, the roofing industry and the demolition/wrecking industry. According to the Government’s report, these minimum wage ordinances cover only that minority of the total workforce which is at high risk of wage dumping although the possibility of introducing similar ordinances in other branches is currently debated and might eventually give rise to further legislative action. The Committee requests the Government to keep it informed of any new developments in this regard.

Further, the Committee notes the Government’s report of July 2005 on the effects of the law for the fight against illegal employment, which addresses among other problems the payment of sub-minimum wages and the means for administrative and legal action against such phenomena. It also notes the statistical data concerning the minimum hourly rates applicable in the main home working trades. The Committee would be grateful if the Government would continue to supply, in accordance with Article 5 and Part V of the report form, general information on the practical application of the Convention, including for instance, the coverage rate of collective agreements establishing minimum wages, statistics on the number of home workers (including “external assistants”) protected by binding wage agreements and the number of home work committees currently in operation, activity reports of the customs authorities showing the number of inspection visits carried out, and the number of infringements of the minimum wage legislation observed, etc.