Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the comments of the International Trade Union Confederation (ITUC) dated 26 August 2009 on the application of the Convention. 

Article 3 of the Convention. The Committee recalls that it 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 among others) who are not exercising authority in the name of the State, to have recourse to strike action. In this respect, the Committee had noted in several of its previous comments that innovative developments took place with a view to devising draft legislation on the comprehensive modernization of the law governing civil servants, in collaboration with the trade unions concerned, in order to gain broad support for the considerable changes in conditions of employment involved in the new draft legislation. The Committee notes that the Government indicates in its report that there have been no changes since the previous report.

The Committee once again recalls that it has always considered that the right to strike is one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests. While accepting that the right to strike may be restricted or even prohibited in the public service, the Committee has clearly established that such a limitation may be applied only in the case of public servants exercising authority in the name of the State. In the Committee’s view, postal workers, railway employees and teachers among others are not included in this category and should therefore have the right to strike, although the maintenance of a minimum service may be foreseen in the event of strikes in these sectors.

In light of the foregoing, the Committee once again requests the Government to take the necessary measures to ensure that public servants who do not exercise authority in the name of the State can have recourse to strike action in defence of their economic, social and occupational interests. The Committee requests the Government to indicate in its next report any concrete measures adopted in this respect.