Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Employment Service Convention, 1948 (No. 88) - Germany (Ratification: 1954)

The Committee takes note of the information supplied by the Government in its report for the period 1985-89. It also takes note of the observations made by the German Confederation of Trade Unions (DGB) to the effect that the obligation to maintain a free public employment service is not met to the required extent. The DGB states that employment offices can no longer fully carry out their functions of recruitment and placement because of the personnel shortages, and that the various legal amendments and interventions have led to a situation in which they are incapable to ensure "the best possible organisation of the employment market", as demanded by the Convention. The DGB further refers in particular to the inadequate supervision of the temporary employment agencies and their licencing as well as of the firms of personnel consultants by the Federal Labour Institute.

In its reply to these observations the Government states that the arguments put forward by the DGB are inapplicable. The scope of the Federal Labour Institute has not been restricted. The Federal Government is aware of the enormous effort and commitment demanded of the personnel in view of the large numbers of jobseekers, and the measures taken have led to an increase of the staffing potential of the employment service. As regards temporary employment agencies, the Government states that they do not compete directly with the employment services of the Federal Labour Institute and that they are inspected not only by the Institute, but also by a number of other authorities. As regards the criticism concerning personnel consultants, the Government states that they are not involved in recruitment and job placement, so long as they adhere to the agreement between their syndicates and the Federal Labour Institute concerning "Principles in respect of the separation of personnel consultancies and employment exchanges in the filling of executive posts in industry and commerce".

The Committee has noted these observations and comments. It asks the Government to continue to supply in its future reports information, in accordance with the report form, on any further measures taken to ensure the maintenance of a free public employment service, as well as the best possible organisation of the employment market in co-operation where necessary with other public or private bodies concerned (Article 1 of the Convention). As regards questions related more specifically to temporary employment agencies and personnel consultants, the Committee asks the Government to refer to the questions dealt with in the observation of the DGB in its next report under the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96).