Direct Request on submission to competent authorities (CEACR) - adopted 2025, published 114th ILC session (2026)

Germany

Submission. The Committee notes that the Government has not provided information in response to its previous comment. The Committee recalls that in its previous comments it noted the Government’s indication that it was not possible to submit the Night Work Convention, 1990 (No. 171), the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948, and the Night Work Recommendation, 1990 (No. 178), to the Parliament. The Government also indicated that the ratification of Convention No. 171 had been initiated several times. However, according to the German Constitution, the ratification of an international covenant requires enacting a correspondent law, which is complex and time-consuming. In this regard, the Committee recalls once again that the obligation of ILO Member States to submit the instruments adopted by the Conference to the competent authorities does not imply any obligation to propose the ratification or application of the instruments in question, or to take any other specific action. Pursuant to article 19 of the ILO Constitution, Member States have complete freedom as to the nature of the proposals to be made, if any, when submitting the instruments. The Committee therefore reiterates once again its request that the Government provide information on the submission to Parliament of the three instruments on night work adopted by the Conference at its 77th Session (1990). The Committee expresses once again its trust that the Government will provide the requested information without further delay. It also reiterates its requests to the Government to provide information on the submission of the Safe and Healthy Working Environment (Consequential Amendments) Convention (No. 191) and Recommendation (No. 207), 2023 and the Quality Apprenticeships Recommendation, 2023 (No. 208), adopted by the Conference at its 111th Session.