Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Federal Anti-Discrimination Agency. The Committee notes the detailed information provided by the Government on the activities of the Federal Anti-Discrimination Agency which plays a central role in promoting the implementation of the General Equal Treatment Act by disseminating information, responding to queries from individuals, facilitating the settlement of disputes by non-judicial means, research and cooperation with a variety of partners, including workers’ and employers’ organizations. On average, some 220 requests for advice were received per month, a majority of which relate to employment. The Committee welcomes that the Agency collects information on judicial decisions relating to the Act. The Committee asks the Government to continue to provide information on the activities of the Federal Anti-Discrimination Agency. Please continue to provide information on the emerging jurisprudence under the General Equal Treatment Act.

Equality of opportunity and treatment of men and women. The Committee notes that the labour force participation rate of women continued to increase, reaching 65.5 per cent in 2008 (75.9 per cent for men). The third implementation assessment of the 2001 agreement between the Government and the main employers’ organizations on the promotion of equal opportunities of women and men in the private sector found that women’s share among university graduates has continued to increase, although their representation in certain disciplines, such as engineering, remains low. Women were catching up in almost all manual trades. However, women with young children are still disadvantaged in the labour market and are still under-represented in management positions (31 per cent in 2006 according to the Führungskräfte-Monitor). The Committee notes the detailed information provided on the numerous initiatives and programmes to promote gender equality in the private and public sectors, such as promotional campaigns, provision of information, research and cooperation with the social partners. The Committee asks the Government to continue to provide information on measures taken to promote gender equality in employment and occupation, particularly with a view to eliminating horizontal and vertical occupational segregation based on sex, and the results achieved by such action. Please also provide detailed statistical information on the position of men and women in employment and occupation.

Reconciliation of work and family responsibilities. The Committee notes the entry into force on 1 July 2008 of the Care Time Act (Pflegezeitgesetz). The Act provides for an entitlement of employees to be absent from work for up to ten days, in emergency situations, to care for close family members. The Act also provides for an entitlement to full or partial absence from work for longer term care of close family members (up to six months, limited to enterprises with 15 or more employees). The 2008 Child Support Act (Kinderförderungsgesetz) provides for entitlement to a place in a day-care facility for every child from 1 to 3 years of age. The Government has continued to encourage enterprises to take family-friendly measures in terms of working time, work organization and location, as well as enterprise-based childcare. The Committee also notes that the parental allowances have assisted women in returning to work and staying in employment, while also increasing the number of fathers taking childcare leave. The Committee asks the Government to continue to provide information on the measures taken to promote the reconciliation of work and family responsibilities, including information on the implementation of the new Care Time Act and the progress made in ensuring childcare coverage.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that the Federal Anti-Discrimination Agency covers discrimination based on ethnic origin in its activities. According to the Government’s report, the Agency was contacted by 391 persons between August 2006 and April 2009 regarding ethnic discrimination (14.6 per cent of all cases). The Government also refers to certain initiatives at the enterprise-level to promote diversity. Further, the Committee notes that according to 2006 data, approximately 15 million persons in Germany had an immigration background. Generally lower levels of education, professional qualifications and German language skills continue to disadvantage them in the labour market. In 2006, the estimated proportion of persons with migration background in the 25–64 age group who were in employment was markedly lower than for the rest of the population (75 per cent as compared to 81 per cent), with a particularly low level of employment of women with migration background. The Committee notes that a National Integration Plan has been elaborated to address the situation of migrants in a coordinated manner, including as regards their access to the labour market. The Committee asks the Government to continue to provide detailed information on the specific measures taken to address discrimination based on race, colour or national extraction in employment and occupation, including relevant activities of the Federal Anti-Discrimination Agency, and at the enterprise level. The Committee also asks the Government to continue to provide comparable data on the situation of persons of migration background in the labour market and the results achieved by measures aimed at their better integration.