Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Convention (n° 132) sur les congés payés (révisée), 1970 - Allemagne (Ratification: 1975)

The Committee notes the comments of the German Federation of Trade Unions (DGB) as well as the Government's response.

Article 11 of the Convention. According to the information provided both by the DGB and the Government, in 1983 the Federal Labour Court made an interpretation of section 7, paragraph 4, of the Federal Leave Act which provides in part that "(w)here all or part of the leave can no longer be granted owing to the cessation of the employment relationship, compensation shall be payable in lieu". The Court considered permissible the forfeiture of compensation for unclaimed holiday entitlement where a worker is incapable of working at the time of termination and this incapacity continues during the current year or until the final date to which holiday entitlement can be deferred (31 March of the following year). The DGB considers this incompatible with the Convention.

The Committee would be grateful if the Government would provide a copy of the relevant decision; and if it would indicate any more recent developments in this respect.

The Government is asked to report in detail for the period ending 30 June 1991.