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

Paid Educational Leave Convention, 1974 (No. 140) - Germany (Ratification: 1976)

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

Articles 2, 3 and 4 of the Convention. Formulation and application of a policy to promote the granting of paid educational leave. The Committee refers to its previous comments in which it noted that adult education falls within the legislative powers of the federated states (Länder), and that there are different arrangements and regulations governing paid educational leave in 14 out of the 16 Länder. It also recalls the observations of the DGB indicating that Bavaria and Saxony do not have any legal provisions in place for granting paid educational leave. The Committee notes the Government’s clarification that the Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of Germany (KMK) is not responsible for the coordination between the Länder in the area of legislation as regards leave. Rather, the KMK maintains an overview of the existing regulations on educational leave in the respective federated states and updates the information at regular intervals. It notes in this regard the information contained in the Government’s report on the regulations and measures in the federated states, including Bavaria and Saxony. In Bavaria, the entitlement to paid educational leave is not regulated by law and the Bavarian authorities are of the opinion that leave of absence during working hours for educational purposes can and should be agreed between the parties to the collective agreements. Saxony has also opted not to introduce legislation governing paid educational leave. The DGB is of the opinion that the Government has not fulfilled and implemented its obligations in accordance with the Convention. It adds that, despite the fact that 77 per cent of workers are interested in continuing education, only 1 to 2 per cent take educational leave. Some workers are unaware of their right to take educational leave, while others do not know how to apply for it or fear they will experience repercussions at work. The Committee recalls that the main obligation of the Convention is contained in Article 2: to formulate and apply a policy to promote the granting of paid educational leave for the purposes stipulated. It also recalls that, according to Article 5, the means by which provision is made for the granting of paid educational leave may include national laws and regulations, collective agreements, arbitration awards, and such other means as may be consistent with national practice. Noting the figures provided by the DGB on the proportion of workers expressing an interest in educational leave and those actually taking such leave (see also below on the statistics regarding the history of take up rates over time), the Committee requests the Government to provide updated information on the measures taken or envisaged, at the level of the Länder, to formulate or review a policy to effectively promote paid educational leave for the purposes set out in the Convention as well as the measures taken or envisaged with a view to guarantee that the exercise of the right to paid educational leave does not entail negative consequences on the workers concerned. Please also provide information as regards the how the right to paid educational leave is regulated by collective agreements in Bavaria and Saxony, including the number of such agreements, that of workers covered in relation to the total number of workers in these Länder as well as the actual take up rate of paid educational leave in these territories.

Application of the Convention in practice. The Committee welcomes the information provided by the federated states on the number of participants taking part in paid educational leave. For example, it notes that in Berlin an analysis of the take-up rate of paid educational leave from 1991 to 2021 shows a clear correlation between the total number of workers subject to social security contributions in the State of Berlin and the take-up rate of paid educational leave. The lower the total number of persons entitled to paid educational leave (that is, the higher the rate of unemployment), the lower the take-up rate is for educational leave. The take-up rate has steadily decreased from 1.97 per cent in 1991. Until the COVID-19 pandemic, the lowest take-up rate was in 2007, at 0.65 per cent. Since 2008, the take-up rate of paid educational leave has increased, once again to more than 1 per cent of eligible individuals. The Committee requests the Government to continue to provide statistics relating to the application of the Convention, as well as to any other documentation, including reports and studies, allowing an appreciation of the level of application of the Convention in practice.