Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Paid Educational Leave Convention, 1974 (No. 140) - Germany (Ratification: 1976)

The Committee notes the observations of the German Trade Union Confederation (DGB) and the United Services Union (ver.di.), received on 6 December 2016. It further notes the observations of the Confederation of German Employers’ Association (BDA), and the International Organisation of Employers (IOE), received on 28 and 31 August 2018, respectively.

Articles 2, 3 and 4 of the Convention. Formulation and application of a policy to promote the granting of paid educational leave. Coordination of the policy. In reply to the Committee’s previous comments, the Government indicates that the issue of adult education falls within the legislative powers of the federal states (Länder), and that there are different arrangements and regulations governing paid educational leave in 14 out of the 16 Länder. It adds that the coordination between the Länder in the area of legislation governing leave is regulated by the Standing Conference of the Ministers of Education and Cultural Affairs. The Committee notes the information provided by the Government on the different regulations in place at the level of the Länder. In their observations, the DGB and the ver.di. indicate that two of the 16 Länder – Bavaria and Saxony – do not have any provisions in place for granting paid educational leave. They maintain that the lack of paid educational leave for the purposes set out in Article 2 of the Convention, particularly in relation to trade union education, has resulted in lower levels of participation in trade union education activities in the two Länder in question. Moreover, the workers’ organizations allege that the paid educational leave provisions in place in the remaining 14 Länder are insufficiently enforced. The Committee also notes the brief observations of the DBA, which indicate its general agreement with the Government’s report. The Committee notes that the Government does not provide information on the manner in which the Government promotes the granting of paid educational leave for the purposes specified in Article 2 of the Convention, nor does it indicate the manner in which provision has been made to promote the granting of paid educational leave in all of the Länder. The Committee therefore reiterates its request that the Government continue to provide information on the manner in which the policy to promote granting of paid educational leave for the purposes set out in Article 2(a), (b) and (c) of the Convention is formulated and applied in the country, including in all of the Länder. In addition, the Committee requests the Government to supply information on the activities of the Standing Conference of the Ministers of Education and Cultural Affairs in relation to the coordination of the different legislative frameworks governing paid educational leave.

Application of the Convention in practice. In response to the Committee’s request for information concerning the application of the Convention in practice, the Government indicates that the right to paid educational leave is guaranteed by the laws of the Länder. The Government does not, however, provide information on the manner in which the Convention is applied to workers across the country. In particular, the Government does not indicate the manner in which the Convention is applied in the two Länder that have not adopted provisions governing paid educational leave. The Committee therefore reiterates its request that the Government provide information on the manner in which the Convention is applied in practice, including, for example, extracts from reports, studies and inquiries, as well as disaggregated statistics on the number of workers granted paid educational leave.