Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Germany (Ratification: 2006)

Article 3 of the Convention. Adoption of a national policy. Noting the absence of information on this point in the Government’s report, the Committee refers to its previous comments and requests the Government to provide information on the measures taken to adopt a national policy designed to improve the working conditions of the workers employed in hotels, restaurants and similar establishments.

Article 4. Hours of work. The Committee previously noted that, under the terms of section 7 of the Hours of Work Act, exceptions may be made, by a written agreement concluded between the employer and the worker concerned, from the rules established by the Act or by a collective agreement with regard to hours of work. In this regard, the Government indicates that of particular relevance in the hotel and restaurant sector is the possibility of fixing different periods for compensating overtime, pursuant to sections 7(1)(i)(b) and 7(1)(iv)(b) of the Hour of Works Act. It further indicates that, even in emergencies and exceptional circumstances, extended working hours must be compensated for in such a way that working hours do not exceed 48 hours per week for an average of six calendar months. The Committee requests the Government to provide information on the practical application of the abovementioned provisions to workers employed in hotels and restaurants, including information on the pay for overtime hours and on the number of additional hours performed on average in the hotels and restaurants sector.