Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Germany (Ratification: 1976)

The Committee notes the Government’s report. It also notes the communication from the Deutscher Gewerkschaftsbund (German Confederation of Trade Unions) (DGB) dated 13 October 2008.

Article 8, paragraphs 1 and 2, of the Convention. Artistic performances. The Committee notes the DGB’s statement that the legal provisions governing the artistic performances of children are, for the most part, sufficient. The Committee also notes the DGB’s statement that protection measures are guaranteed to youth involved in the culture and media sectors through the permits issued by the authorities. However, it adds that the determination of these protection measures is the responsibility of the individual exercising authority at the time of the application for the permit. As there are no homogeneous criteria determining the necessary protection measures, the procedure for issuing permits is very variable. Moreover, budget cuts and related financial pressures in culture and media productions are resulting in longer hours of work, which are also affecting the children and youth who are involved. The Committee recalls that by virtue of Article 8, paragraph 1, of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of the Convention, for such purposes as participation in artistic performances. The Committee further recalls that by virtue of Article 8, paragraph 2, of the Convention, the permits granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to provide information on the relevant legislative provisions which determine the number of hours of work and the conditions of work for permits granted for artistic performances of children. It also requests the Government to provide information on the application in practice of these legislative provisions.

Part V of the report form. Practical application of the Convention. In its communication, the DGB states that approximately 50 per cent of the work or employment relationships in which children take part violate provisions of the Employment of Young Persons Act (EYPC). The Committee notes the Government’s information that inspection carried out by the authorities are recorded in differing ways by individual Länder. During the period covered by the report, some 3,640 sites were inspected in six Länder. The remaining ten Länder refer to the total number of young workers (15,859), covered by the inspections. The activities of the occupational safety and health (OSH) authorities and the scale and nature of the contraventions revealed have not seen fundamental changes since the previous reporting period. During the current period, the OSH authorities found only two serious contraventions, which were reported to the public prosecutor. The Committee requests the Government to continue providing information on the application of the Convention in practice including, for example, statistical data on young workers and school attendance rates, extracts from official reports and information on the number and nature of the contraventions reported.