Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the detailed and comprehensive information contained in the Government’s report for the period ending in May 2005.

1. Organization and functions of the employment service. The Committee notes the numerous legislative developments referred to in the Government’s report with respect to the operation of the public employment service. It notes in particular the action taken to reform the country’s employment services through organizational change and a reorientation of the newly named Federal Employment Agency (BA). The primary elements of these reforms include a new institutional structure accompanied by a decentralized management system, the introduction of welcome centres in each of the Government’s 180 employment agencies, an awareness programme for workers and employers on how to take advantage of employment services and counselling, call centres, as well as the development of information technologies, such as an online job market, for worker recruitment and placement. Given the Government’s indication that the essential elements of reform were to be implemented in 2005 and 2006, the Committee asks the Government to provide detailed information in its next report on the impact of the measures implemented, and specifically on their practical impact in enhancing the capacity of the Federal Employment Agency to promote full and productive employment (Articles 1 and 6 of the Convention).

2. Status of employment service staff. The Government reports that the restructuring of its employment services includes changes to the organization’s staffing system. In particular, the status of civil servant will no longer apply to future staff members. Rather, new recruits will have the status of employees. The Committee notes that, in this context, the civil service rules concerning staff qualification, training and advancement will not apply to individuals with employee status. Noting the Government’s objective to build a more flexible staff qualification system to allow the employment service to adapt quickly to the evolving needs of the labour market, the Committee asks the Government to continue providing information on the status and conditions of service of the staff of the Federal Employment Agency, taking into account the requirements of Article 9.

3. Cooperation between the public employment service and private employment agencies. The Committee notes that, for the first time in 1998, the Government allowed private providers to offer vocational guidance services. It further notes that the subsequent Job-AQTIV law introduced the opportunity for jobseekers to benefit from private placement and training services. In 2004, around 635,400 people were assigned to private placement services and, in the same year, 713,800 placement vouchers worth 2,000 euros each were issued to jobseekers to be used in a placement office of their choice. The Committee recalls that Convention No. 181 and Recommendation No. 188, adopted by the International Labour Conference at its 85th Session (June 1997), recognize the role played by private employment agencies in the functioning of the labour market. It therefore asks the Government to provide additional information on the measures taken to ensure that cooperation between the Federal Employment Agency and private employment agencies is effective within the meaning of Article 11 of Convention No. 88.