Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Equal Remuneration Convention, 1951 (No. 100) - Germany (Ratification: 1956)

The Committee notes the observations of the German Confederation of Trade Unions (DGB) received on 31 August 2023.

Article 2 of the Convention. Minimum wages. Referring to its previous comments on the Minimum Wage Act which introduces a general statutory minimum wage and provides that collective agreements can fix higher sectoral minimum wages, the Committee welcomes the increase in the statutory minimum wage rate up to €12.41 per hour (gross), as of 1 January 2024, and planned increase to €12.82 in 2025. In its observations, however, the DGB highlights the wholly inadequate rise of the minimum wage, in view of continuing inflation, which represents a tangible drop in real income for the almost 6,000,000 minimum-wage workers. Referring to the previous Government’s indication that a statutory evaluation of the minimum wage, including data on the number of workers paid below the minimum wage rate, was planned in 2020, the Committee notes the Government’s statement that up-to-date data on non-compliance with the minimum wage is not available. The Government adds that, when setting sectoral minimum wages in collective agreements, social partners are bound by the national legislation which prohibits direct and indirect gender-based pay discrimination. The Committee observes that: (1) this is not sufficient to address effectively the gender pay gap; and (2) no information is provided on the method and criteria used to determine the different sectoral minimum wages. The Committee recalls that the fixing of minimum wages can make an important contribution to the application of the principle of equal remuneration. It also draws the Government’s attention to the general tendency to set lower wages for sectors predominantly employing women, and the need to pay special attention in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias and certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills (see General Survey of 2012 on the fundamental Conventions, paragraphs 683 and 706). In light of the persistent gender pay gap and gender segregation of the labour market, the Committee again asks the Government toindicate the manner in which it is ensured that: (i) sectoral minimum wage rates are fixed based on objective criteria, free from gender bias; and (ii) work in sectors with a high proportion of women is not being undervalued in comparison with work in sectors in which men are predominantly employed. It further asks the Government to continue to provide: (i) extracts of the relevant provisions of collective agreements fixing minimum wages; as well as (ii) updated statistical information on the percentage of women and men who are paid the national minimum wage, and on the number of workers who are reportedly paid below the minimum wage.

Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. In relation to its previous comments, the Committee notes the Government’s statement that social partners are continuously involved in awareness-raising activities and programmes implemented with regard to equal pay between women and men, including in rural areas where “equal pay advisors” are still in operation even after the end of the project carried out in collaboration with the German Association of Rural Women. The Government adds that no information is available on the follow-up measures taken as a result of the “Collective Bargaining and Equal Pay” project, in particular regarding the extension of the coverage of collective bargaining. However, several concrete measures to strengthen collective bargaining coverage will be undertaken, in particular with a view to transposing the European Union (EU)’s Directive 2022/2041 of 19 October 2022 on adequate minimum wages in the EU, which requires member states with collective bargaining coverage of less than 80 per cent, such as Germany, to submit an action plan to promote collective bargaining. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, the Committee asks the Government to provide information on: (i) any measures taken to strengthen collective bargaining coverage, in particular with a view to implementing the EU Directive on adequate minimum wages; (ii) the manner in which the application of the Convention is promoted through collective agreements, including information on how provisions contained in collective agreements promote equal remuneration for women and men for work of equal value, as well as their impact at the local level; and (iii) any activities implemented, in collaboration with the social partners, to promote the application of the principle of equal remuneration for women and men for work of equal value, and the results achieved.

Article 3. Tools for the assessment of the gender pay gap and objective job evaluation. The Government states that existing tools to help employers identify gender disparity in their pay structure have been continued. So far, almost 30 public and private sector employers have been issued with certificates that may be voluntarily obtained from the Federal Anti-Discrimination Agency (ADS) to prove that an “eg-check” has been carried out. The Government adds that there is still no information available on the use of the other tools, such as the “monitor pay transparency” tool developed to assist employers to promote remuneration transparency between men and women, or the Examination of Job Evaluation Procedures (EVA) list which allows individual job evaluation procedures to be reviewed for gender neutrality using selected questions. As regards small and medium-sized enterprises, the Committee welcomes the Government’s statement that the “SME Gender Equality Check” self-test is now available to enable SMEs to easily check whether they are up to date in matters of equality between women and men. In light of the persistent and high gender pay gap, the Committee asks the Government to provide information on: (i) any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs in the private sector, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensuring the effective implementation of the principle of the Convention; (ii) any measures taken to enhance the use of the existing assessment tools available for employers, including the “monitor pay transparency” and “ eg-check” tools, the EVA list and the “SME Gender Equality Check” self-test; and (iii) any assessment made of the impact of such tools in reducing the gender pay gap.