Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Federal Anti-Discrimination Agency. The Committee notes that as part of the “Filling Gaps” research project undertaken by the Federal Anti Discrimination Agency in 2009, expert reports have been commissioned with a view to investigating legal and social issues relating to discrimination, including discrimination against Islamic communities in the workplace, indirect discrimination or discrimination on grounds of age or sexual orientation. Furthermore, through the launching of the “Standardized data survey” project, the Federal Anti-Discrimination Agency seeks to improve the collection and recording of data on discrimination cases in the country. The Committee also notes that the Federal Anti-Discrimination Agency endeavours to develop joint strategies to combat discrimination with Länder and local authorities by creating a “coalition against discrimination” and by funding local anti-discrimination networks. The Committee asks the Government to provide information on the findings gathered as part of the Filling Gaps research project and on any follow-up action taken on the basis of the expert reports. It also asks the Government to supply information on the implementation of the “Standardized data survey” project. Please also provide information on the activities of the Federal Anti-Discrimination Agency, including statistical data on individual queries and cases of disputes processed, and on the furthering of cooperation projects with institutional or other partners with a view to promoting equality of opportunity and treatment in employment and occupation.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that the labour force participation rate of women has steadily increased in recent years and stood at 69.6 per cent in 2010 (80.1 per cent for men). It also notes that as part of the Europe 2020 Strategy, the Government has committed to raising the female employment rate to 73 per cent by the year 2020. As regards Government action to promote gender equality in employment and occupation, the Committee notes that pursuant to the amendments made to the Social Law Code (SGB II) in 2010, officers have been appointed in job centres with a view to providing advice to job centre employees in all aspects of their functions related to the promotion of equal opportunities for women and men, including work–life balance. It also notes that the Government furthers, in collaboration with the social partners, the implementation of several programmes and initiatives aimed at, inter alia, changing gender role stereotypes (“Girls’ Day”, “New paths for boys” and “Come and work in MINT jobs” initiatives), reducing the gender pay gap (“Equal Pay Day”, Logib-D tool), enhancing career prospects of women workers and promoting their access to executive positions. In this regard, the Government indicates that women workers are still confronted with obstacles in their career advancement (“glass ceiling” effect) and that the proportion of women in executive positions remains low (25 per cent of senior executive positions in 2008). The Government indicates in its report that there is a Coalition Agreement that contains a commitment to raise the number of women in executive positions in the private and the public sectors. To this end, a graduate plan, aimed at increasing female participation on executive and supervisory boards through the implementation of compulsory reporting duties, is to be proposed. The Committee also notes that as part of the graduate plan, the FidAR (“Women on boards of directors” association) is developing, with public funding, a “Women on Board” index, a tool to measure the impact of the recommendations of the Commission on the German Corporate Governance Code in promoting equality policies. The Committee asks the Government to provide information on the implementation of the Coalition Agreement and its graduate plan. It also asks the Government to provide information on the recommendations of the Commission on the German Corporate Governance Code regarding equality policies and their impact, as well as on the development of the “Women on Board” index. Furthermore, the Committee asks the Government to continue to provide information on measures taken to promote gender equality in employment and occupation, including with regard to the commitment made under the Europe 2020 Strategy, and the results achieved by such measures.

With regard to private–public partnerships promoting equality of opportunity and treatment of men and women, the Committee notes that the Government is currently funding several private initiatives, including a study undertaken by the Fraunhofer Institute to identify the causes of career breaks and to develop solutions. The Committee also notes that the Government plans to set up regional equal opportunities alliances. The Committee asks the Government to provide additional information on the creation of such regional alliances, including particulars on the partners involved and the objectives pursued. The Committee also asks the Government to provide information on the study undertaken by the Fraunhofer Institute and its findings.

Reconciliation of work and family responsibilities. The Committee welcomes the adoption of the new Family Care Time Act on 6 December 2011 which improves the existing framework applicable to family care leave. Under the Act, which came into force on 1 January 2012, a worker caring for close family members is entitled to work reduced hours for a maximum period of two years and with a minimum weekly working time of 15 hours, whilst the employer is to pay a monthly advance on salary in the form of an allowance so as to ensure that the worker’s income will not fall by more than half as much as the workers’ working hours. During this period, the employer can refinance the wage advance through an interest-free loan from the Federal Office for Family and Civil Society Responsibilities. At the end of the caring period, the worker is entitled to return to full-time employment but would continue to receive a salary equivalent to the amount of the previous advance in order to gradually reimburse the outstanding wage advance which the worker has been granted. Furthermore, the Committee notes from the Government’s report that a study on the “effects of the Care Time Act” has been commissioned to provide statistical information on the use of the family care leave, provided under the Care Time Act of 2008. According to the projections made in early 2011, 9,000 workers have taken short-term leave between July 2008 and April 2010, while around 18,000 workers have exercised their right to family care leave for a longer period. Moreover, the Government indicates that despite the wide-spread recognition at company level that measures are needed to facilitate a better reconciliation of career and family responsibilities, enterprises often adopt unsustainable measures. Against this background, the Government continues to pursue the implementation of the “Family – Factor for success” programme, launched in 2006 in collaboration with the social partners, with a view to promoting the development of family-aware human resources policies and of family-friendly workplaces. The Committee also notes the further implementation of the action programme “Opportunities for returning to work” and of its module “Time for returning to work” which assist women in returning to employment after a career break. The Committee asks the Government to provide information on the implementation of the Family Care Time Act and to indicate whether, unlike the Care Time Act which only covers enterprises with 15 or more employees, the Family Care Time Act applies to all undertakings. Furthermore, the Committee asks the Government to provide information on the final findings of the study, including statistical data on the number of employees taking the leave, disaggregated by sex. Please also provide such statistical data with regard to the effects of the new Family Care Time Act. The Committee also asks the Government to continue to provide information on the action taken to promote the reconciliation of work and family responsibilities and the impact of such measures.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to the microcensus conducted by the Federal Statistical Agency in 2009, the employment rate of people with a migrant background was lower than that of people with a non-migration background (60.1 per cent as compared with 72.7 per cent). In 2010, the unemployment rate of foreigners as a proportion of the total economically active population was 15.7 per cent while the unemployment rate of nationals stood at 7 per cent. The microcensus also reveals that an inadequate command of German and comparably lower levels of education and vocational qualifications still hinder the integration of people from an immigrant background into the labour market. In this regard, the Committee notes that the new Recognition Act of 2011, which provides a procedure of recognition of foreign diplomas and vocational qualifications acquired abroad, entered into force on 1 April 2012. Under the funding programme “Integration through training qualifications”, in operation since 2005, regional networks will provide a support structure for implementing the new Act through the supply of advice to people seeking recognition of their professional qualifications and adequate training on these matters to employees of public institutions, including employment agencies and job centres. The Committee also notes that the Government is pursuing the implementation of the 2007 National Integration Plan through the development of specific binding and verifiable benchmarks into a national action plan. To this end, the fourth Integration Summit was organized in November 2010 at the initiative of the Federal Chancellor. Eleven forums were held to draft the action plan, including a dialogue forum on “the labour market and working life”, gathering representatives of government departments and agencies and various private and public stakeholders. The focus of this forum was to draw up objectives with a view to improving the integration of people with a migration background into the labour market. The Committee also notes that a report on the outcomes of the forums was expected to be presented to the Federal Cabinet and the Conference of Land Prime Ministers at the end of 2011. The Committee asks the Government to provide information on the impact of the Recognition Act on improving access of migrant workers and those with an immigrant background to employment and occupation irrespective of race, colour or national extraction. The Committee also asks the Government to indicate the objectives and recommendations adopted through the forums, addressing discrimination based on race, colour or national extraction in employment and occupation, as well as any follow-up action taken, in particular with respect to the drafting of the national action plan furthering the implementation of the National Integration Plan of 2007.

The Committee notes that the Federal Anti-Discrimination Agency launched in November 2010 a 12-month pilot project to encourage the use of anonymous recruitment methods in large companies and in public bodies, such as the Nordhein-Westfalen Employment Agency or the municipal authorities of Celle (Lower Saxony). In this regard, it notes that several thousand applications for around 225 job, training and study positions have been processed anonymously. The Committee asks the Government to provide further information on the different methods applied to process applications anonymously and the results achieved with respect to the integration of workers with a migrant background in the labour market. It also asks the Government to indicate any follow-up action taken to expand the use of these methods.

The Committee notes the further implementation of the “XENOS – Integration and Diversity” promotional programme, which seeks to raise awareness on xenophobia and racism in the labour market and in society more broadly. It notes that the focus for 2012 is placed on disadvantaged youth and young adults, including people with a migrant background, faced with difficulties in access to training and employment. It also notes that the Training Pact 2010–14, concluded between the Conference of Ministers for Education and Cultural Affairs and the Federal Government officials responsible for integration, targets specifically the integration of young people of immigrant background into the labour market. The Committee asks the Government to continue to provide information on the implementation of the XENOS programme and the training pact and on their impact on the elimination of obstacles to the labour market for migrant workers. Furthermore, the Committee asks the Government to provide comparable data on the situation of persons with immigrant backgrounds in the labour market and the results achieved by measures aimed at their better integration.