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

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

The Committee notes the observations of the German Confederation of Trade Unions (DGB), received on 31 August 2023. The Committee requests the Government to provide its comments in this respect.

Articles 1 to 5 of the Convention. Contribution of the employment service to employment promotion. Consultations with the social partners. The Committee welcomes the detailed information provided by the Government on the application of the Convention, including the legislative changes implemented during the reporting period and the social protection packages adopted at the beginning of the COVID-19 pandemic to mitigate social and economic consequences. The Committee notes the DGB’s observations that many legislative projects mentioned in the Government’s report have improved access to unemployment insurance and tax-funded benefits, expanding the range and level of benefits and improving labour market access. The Government indicates that, as of 1 January 2020, individuals with 12 months of employment subject to compulsory insurance within a 30-months period became eligible for unemployment benefits. Previously (until 2018), the minimum required period of employment subject to compulsory insurance had to be fulfilled within 24 months. Moreover, benefits for employment integration have been enhanced through the introduction of a “potential analysis”, which identifies the personal characteristics, professional skills and aptitudes necessary for integration, which are then taken into account in integration agreements. The Executive Board’s 2023–24 work programme demonstrates the Federal Employment Agency’s consist and proactive investment in its development, aiming to strike a balance between flexibility and stability. The Government indicates that the Federal Employment Agency is on track to become one of Europe’s most modern public service providers. The Committee notes that the implementation of the Skilled Immigration Act, in force since March 2020, is a central focus for the Federal Employment Agency’s International Division. Internal processes and structures have been updated, and organizational changes implemented. Cooperation with third countries, particularly within the expanded legal framework of the Skilled Immigration Act, has increased the Agency's flexibility. The DGB indicates that the 2023 Act on the Further Development of Skilled Immigration will result in more far-reaching and effective changes in skilled workers and labour immigration. The DGB adds that it is predictable that several of the positive initiatives for the immigration of skilled workers will fail to achieve their intended effects due to restrictive or impractical conditions (e.g., Opportunity Card (“Chancenkarte”), immigration with practical experience) or unclear implementation in administrative practice. Administrative processes currently hinder labour market access, particularly concerning the recognition of foreign professional qualifications. Regarding the application of the Convention in practice, the Federal Employment Agency and its divisions are represented by 150 main locations and 600 branches nationwide. Customers can typically reach an office within 75 minutes. Despite significant changes in the labour market situation, remains locally accessible: benefits recipients will continue to be able to contact their local counsellors for personalized advice. Alongside the Federal Employment Agency’s locations are 400 local authorities. In 2022, 1,871 million new unemployment benefit claimants were registered, almost half a million fewer than in 2015. In 2022, an average of 845,000 jobs were registered with employment agencies and job centres, 139,000 or 20 per cent more than the previous year and 70,000, or 9 per cent, more than in 2019 (pre-pandemic). This represents an increase of almost 50 per cent compared to 2015. The Committee requests the Government to continue to provide information on the impact of measures taken by the Federal Employment Agency, including any measures taken to improve administrative processes, such as the recognition of foreign professional qualifications. The Committee also asks the Government to provide information on the measures taken by the public employment service to address: (i) the challenges related to digitisation and adaptation to new technologies and integrate digital solutions to its services; (ii) demographic change in the face of an aging population and a shrinking workforce; and (iii) underemployment and atypical employment by designing inclusive policies and programs to ensure decent work and social protection for all workers. The Committee also requests the Government to provide information on the consultations held with the social partners on matters covered by the Convention. It also requests that the Government continue to provide information on the application of the Convention in practice, including statistics on the number of public employment offices established and their staff, the number of employment applications received, the number of vacancies notified, and the number of persons placed in employment by these offices.

Article 6(b). Migrant workers. The Committee notes the Government’s indication that, in cooperation with the Federal Office for Migration and Refugees (BAMF), the Federal Employment Agency operates the “Working and Living in Germany” (ALiD) hotline, providing information on migration-related-topics to skilled foreign workers. Federal Employment Agency placement specialists inform migrants who meet certain prerequisites of the language courses offered by the Federal Office for Migration and Refugees and facilitate enrolment. These courses include both integration and work-related language courses. Since the introduction of work-related language courses on 1 July 2016, over 51,000 have been held with over 845,000 participants. A 2016 study by the Institute for Employment Research (IAB) on the ESF-BAMF language programme, the predecessor to the work-related language courses currently offered, showed that course participation increases the likelihood of employment by up to seven percentage points within two years. On 4 March 2022, the European Council granted temporary protection to persons fleeing Ukraine due to the war under the Mass Influx Directive (Council Directive 2001/55/EC). Integration measures prioritize low-threshold access to Federal Employment Agency services, early entry into professional and social integration, a holistic approach to support through collaboration with partners, and support for refugees in securing employment or training. In March 2023, 708,000 Ukrainian nationals (479,000 of whom were of working age) received benefits pursuant to the Second Book of the Social Code. The Government indicates that a 2021 IAB evaluation showed that the labour market policy instruments for refugees included in the Second Book of the Social Code and the Third Book of the Social Code are highly effective and cost-effective, with most measures significantly increasing the labour market success of refugees. The Committee requests the Government to continue to provide information on the impact of measures taken to facilitate the professional integration of migrants and refugees, including statistics, disaggregated by sex and age, on the number of jobseekers obtaining lasting employment.

Article 8. Young people. The Government indicates that the Federal Employment Agency’s vocational guidance service for young people has undergone fundamental redesign and modernization. The Federal Ministry of Labour and Social Affairs and the Federal Employment Agency advocated a nationwide expansion of Youth Employment Agencies. As of July 2021, 353 Youth Employment Agencies were operating across the country, providing near-nationwide coverage. Almost 99 per cent of Youth Employment Agencies work together with other actors, most often with partners from an educational context; and close to 93 per cent of Youth Employment Agencies are aimed at all young people, not just at specific subgroups of young people. Intensive cooperation among stakeholders supports young people transitioning from school to work, with a goal of ensuring that “no young person is left behind.” Since 2021, the Federal Ministry of Labour and Social Affairs has supported cross-jurisdictional cooperation and the development of the Youth Employment Agencies locally through the Service Centre for Youth Employment Agencies. The Government indicates that, despite the wide range of support services offered, too many young people still leave school without concrete career prospects. The Committee notes that the DGB recommends improving the visibility and accessibility of Youth Employment Agencies, suggesting the expansion of physical contact and advice centres. To effectively ensure that “no young person is left behind”, the DGB calls for Youth Employment Agencies to be more proactive, systematic and targeted in providing individual counselling services. Moreover, their systems of exchanging information with schools must be expanded. The DGB is calling for the work of the Youth Employment Agencies to be regularly evaluated using clear quality criteria. The Committee requests the Government to continue to provide information, including statistics, on the impact of the measures taken to ensure that “no young person is left behind”. It also requests the Government to provide an assessment of the services offered by the Youth Employment Agencies.

Article 11. Cooperation with private employment agencies. In its observations, the DGB indicates that private job placement from abroad is becoming increasingly significant, citing serious instances of maladministration: candidates placed by private employment agencies are often considerably less informed about costs and funding opportunities than those placed through public agencies. Violations of fair migration standards, including repayment and commitment clauses, are common. The DGB adds that, as part of the reorientation of the Federal Employment Agency’s international activities, the extent to which private employment agencies can be included in bilateral agreements, as well as in the Federal Employment Agency’s recruiting activities, is being examined. The Committee requests the Government to provide its comments on DGB’s observations and to include information on the measures taken to secure effective cooperation between the public employment service and private employment agencies with a view to the effective implementation of the employment service policy.

In this respect, noting that establishing a good collaboration framework between the public employment service and private employment agencies can be instrumental to improve labour market efficiency, the Committee wishes to draw attention to the ILO Campaign to promote the joint ratification of Convention No. 88 and the Private Employment Agencies Convention, 1997 (No. 181), which foresees the adoption of measures, including laws with penalties, to protect migrant workers recruited or placed in the territories of ratifying States from abuses by private employment agencies, and should consider bilateral agreements to prevent cross-border recruitment abuses. The Committee therefore invites the Government to consider ratifying Convention No. 181, as it represents the most up-to-date instrument in the area of private employment services, which establishes a framework for these agencies to enable them to complement and contribute to achieving the effective implementation of the objectives of Convention No. 88.