Minimum Age Convention, 1973 (No. 138) - Germany (Ratification: 1976)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments of the Deutscher Gewerkschaftsbund (German Confederation of Trade Unions) (DGB), dated 26 October 2012, concerning the application of the legislation regulating apprenticeships. The Committee requests the Government to provide its observations in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report and its reply to the comments of the Deutscher Gewerkschaftsbund (German Confederation of Trade Unions) (DGB), dated 12 January 2009.

Article 8(1) and (2) of the Convention. Artistic performances. The Committee previously noted the statement of the DGB that while the legal provisions governing the artistic performances of children are generally sufficient, the determination of protection measures guaranteed to these youth is the responsibility of the individual exercising authority at the time of the application for a permit. The DGB asserted that there are no homogeneous criteria determining these protection measures, so the procedure for issuing permits is very variable. The Committee requested information on the legislative provisions that determine the number of hours of work and the conditions of work for permits granted for the artistic performances of children, in addition to information on the application of these provisions.

The Committee notes the Government’s statement, in its reply to the comments of the DGB, that the standard criteria for the protective measures guaranteed to youth involved in the culture and media sectors are laid down in the Young Persons (Protection and Employment) Act. In this regard, the Government refers to section 6 of this Act which states that for cultural and media events (musical performances, advertising, audio, film and photo sessions), children between 3 and 6 may be authorized to be involved for up to two hours a day (between 8 a.m. and 5 p.m.), and that children over 6 years of age may be authorized to participate for up to three hours a day (between 8 a.m. and 10 p.m.). Participation in theatre productions may be permitted from the age of 6, for up to four hours a day (between 10 a.m. and 11 p.m.). The Government indicates that, based on these specifications, the supervisory authority will determine the specific employment conditions of the child. The Committee also notes the information in the Government’s report that the supervisory authority is required to consult the youth welfare officer in charge of the child prior to authorization. The Government indicates that authorization will only occur if the legal guardian of the child consents in writing, a recent medical certificate is submitted, measures are taken to protect the child against any harm to its physical or mental development, reliable arrangements are made for the care and supervision of the child during the employment activity, the activity is followed by a period of at least 14 hours’ leisure time and the activity does not prevent progress in school.

The Committee further notes the Government’s indication that it surveyed the senior occupational health and safety authorities responsible for the Young Persons (Protection and Employment) Act in each Land on the subject of youth involvement in artistic performances. The Government indicates that 4,683 authorizations for permits were made in 2008, and 4,983 in 2009, though a single authorization may reference numerous children. In addition, the Committee notes the comments from the authorities in various Länder, included in the Government’s report. The authorities in Thuringia and Baden-Wurttemberg indicated increases in the number of children involved in artistic activities, while the authorities in Bavaria, Berlin and Rhineland/Palatinate indicated that the requests for authorizations remained near stable. The authorities in Bremen, Lower Saxony, North Rhine-Westphalia and Thuringia indicated that the authorized daily duration of the activities varied, within the number of hours set by law.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the DGB’s statement that approximately 50 per cent of the work or employment relationships in which children take part violate provisions of the Young Persons (Protection of Employment) Act. The Committee also noted that during the reporting period, the occupational safety and health authorities found only two serious contraventions. It requested the Government to continue to provide information on the application of the Convention in practice.

The Committee notes the information in the Government’s report from the occupational health and safety authorities in charge of ensuring compliance with the Young Persons (Protection of Employment) Act, in 15 of 16 Länder. The Government states that there are no significant changes to report: out of the inspection of 7,096 establishments in 2008 specifically to monitor the compliance with the laws for the protection of children and young persons, 2,213 violations were detected, and out of the inspection of 6,685 establishments in 2009, 1,789 violations were detected. The Government also states that in some respects, the Young Persons (Protection of Employment) Act is stricter than the provisions of the Convention, and therefore these violations do not all represent violations of the Convention. The Government further indicates that the majority of violations concerned non-compliance with the rules governing daily periods of work and rest, the five-day week, rest on Sundays and public holidays, the employment of young persons who had not yet completed compulsory schooling, obligations to inform workers and customers about various aspects of the establishment, and the authorizations required if children are to take part in cultural events. Four Länder uncovered a total of 56 cases in 2008 and 2009 that were sanctioned by warnings or administrative fines, and four instances of serious violations were forwarded to the public prosecutor’s office for criminal proceedings (as the violation endangered a young person’s fitness or health).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report. It also notes the communication from the Deutscher Gewerkschaftsbund (German Confederation of Trade Unions) (DGB) dated 13 October 2008.

Article 8, paragraphs 1 and 2, of the Convention. Artistic performances. The Committee notes the DGB’s statement that the legal provisions governing the artistic performances of children are, for the most part, sufficient. The Committee also notes the DGB’s statement that protection measures are guaranteed to youth involved in the culture and media sectors through the permits issued by the authorities. However, it adds that the determination of these protection measures is the responsibility of the individual exercising authority at the time of the application for the permit. As there are no homogeneous criteria determining the necessary protection measures, the procedure for issuing permits is very variable. Moreover, budget cuts and related financial pressures in culture and media productions are resulting in longer hours of work, which are also affecting the children and youth who are involved. The Committee recalls that by virtue of Article 8, paragraph 1, of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of the Convention, for such purposes as participation in artistic performances. The Committee further recalls that by virtue of Article 8, paragraph 2, of the Convention, the permits granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to provide information on the relevant legislative provisions which determine the number of hours of work and the conditions of work for permits granted for artistic performances of children. It also requests the Government to provide information on the application in practice of these legislative provisions.

Part V of the report form. Practical application of the Convention. In its communication, the DGB states that approximately 50 per cent of the work or employment relationships in which children take part violate provisions of the Employment of Young Persons Act (EYPC). The Committee notes the Government’s information that inspection carried out by the authorities are recorded in differing ways by individual Länder. During the period covered by the report, some 3,640 sites were inspected in six Länder. The remaining ten Länder refer to the total number of young workers (15,859), covered by the inspections. The activities of the occupational safety and health (OSH) authorities and the scale and nature of the contraventions revealed have not seen fundamental changes since the previous reporting period. During the current period, the OSH authorities found only two serious contraventions, which were reported to the public prosecutor. The Committee requests the Government to continue providing information on the application of the Convention in practice including, for example, statistical data on young workers and school attendance rates, extracts from official reports and information on the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Also referring to its observation, the Committee requests the Government to provide information on the following question.

Article 7, paragraphs 1 and 3, of the Convention. In its previous direct request, the Committee noted that by virtue of section 7 of the Young Persons (Protection of Employment) Act, of 12 April 1976, as amended, children who are no longer liable to full-time compulsory school may be employed for the purposes of their vocational training or on light and suitable work for up to seven hours a day and 35 hours a week. It noted that this provision appears to authorize the employment of children (under 15 years of age) on light work without setting a lower age limit, on condition that they are exempted from full-time compulsory school. Furthermore, the Committee emphasizes that the hours of work and the working week referred to above are not compatible with the concept of light work within the meaning of the Convention. It notes the information on compulsory education contained in the report provided by the Government in 2000. According to this information, children do not in general appear to be able to complete their compulsory schooling before the age of 15 years. However, it appears that, in certain cases, children under 15 years of age may, as an exception, be released from full-time compulsory schooling. The Committee wishes to assure itself that the provisions of the Convention on light work are also applicable to such children. It therefore requests the Government to take measures to ensure that children under 15 years of age may only, even in exceptional cases, be employed on light work within the meaning of the Convention, that is work which is not likely to be harmful, inter alia, to their health or development, and the duration of which has to be limited, in accordance with Article 7, paragraph 3, by the competent authority.

Part V of the report form. The Committee notes with interest the detailed information contained in the report on child labour submitted by the federal Government to the Bundestag. It requests the Government to continue providing information on any measures adopted to strengthen the supervision of the national legislation giving effect to the Convention, as well as on the application of the Convention in practice including, for example, statistical data on young workers and school attendance rates, extracts from official reports and information on the number and nature of the contraventions reported.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes with satisfaction the amendment, by the Act of 23 March 2002, of the Seafarers Act of 26 July 1957, raising the minimum age for the employment of young persons on board seagoing vessels from 15 to 16 years (section 94(1)), with effect from 1 June 2002. The Committee understands that the prohibition of employment also covers, under section 94(1), young persons who remain in compulsory schooling where it continues beyond the age of 16 years. The Committee also notes that section 94(2) of the above Act prohibits the employment of young persons aged from 16 to 18 years in a number of hazardous types of work, which it enumerates.

Article 7, paragraph 3. The Committee also notes with satisfaction that, following its previous comment in which it requested the Government to provide information on the existence of an ordinance to be made under section 5(4)(a) of the Young Persons (Employment Protection) Act, of 12 April 1976, which provides that the federal Government shall define light work more precisely in an ordinance, the Government provided a copy of the Ordinance of 23 June 1998 respecting the protection of children at work, which enumerates the types of light work which may be performed by children over 13 years of age and young persons who remain in compulsory schooling.

The Committee is raising another point in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied in the Government's report, in particular the two attached documents containing the Government's replies to the parliamentary written questions in 1992 regarding the Young Persons (Protection of Employment) Act. It also notes the adoption of the Act amending the Young Persons (Protection of Employment) Act of 24 February 1997. It requests the Government to supply further information on the following points.

Article 7, paragraph 1, of the Convention. The Committee notes that section 7 of the Young Persons (Protection of Employment) Act stipulates that children who are no longer liable to full-time compulsory schooling may be employed for the purposes of their vocational training, or on light and suitable work for up to seven hours a day and 35 hours a week. This provision seems to allow children (under 15 years of age) without a lower limit of age to be employed on light work, in so far as they are exempted from full-time schooling obligation. The Committee asks the Government to clarify its application in practice, and to indicate measures taken to limit the light work other than in a vocational training relationship to those who are at least 13 years old.

Article 7, paragraph 3. The Committee notes that section 5(3) of the Young Persons (Employment Protection) Act allows the children over the age of 13 years to be employed with the consent of the person responsible for their care, in so far as such employment is light and suitable for children, and such work should not affect the safety, health, and development of the children, their school attendance, their participation in vocational orientation or training programmes approved by the competent authority, and their capacity to benefit from the instruction received. It also notes that section 5(4a) of the Act stipulates that the federal Government should more closely define such employment in an ordinance. The Committee asks the Government whether such ordinance has already been adopted, and if so to provide a copy of the ordinance.

Point V of the report form. The Committee notes with interest the detailed information contained in the replies of the federal Government to Parliament, including the data on numbers of violations registered and penalties imposed. It notes the federal Government's statement that, according to the States' authorities, inspections are not considered to be sufficient in all Länder (Federal Parliamentary Release 12/3219, question 11). The Committee requests the Government to supply information on any measures taken to reinforce the supervision of the national legislation giving effect to the Convention. It also encourages the Government to continue to supply information on the application of the Convention in practice, including for instance statistical data on the young workers and school attendance, extracts from official reports and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information communicated by the Government in its last report and in the Government's reply to the question raised by certain parliamentary members in respect of the employment of children in Germany. It also notes the efforts made to enforce the legislation protecting children. The Committee requests the Government to continue supplying in its future reports detailed information on the practical application of the legislation giving effect to the Convention, and to provide statistics on the inspections made, the violations noted and the sanctions imposed, as called for in point V of the report form.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

In reply to the Committee's previous direct request, the Government states that there is no scientific evidence to support the statement made in the report of the Anti-Slavery Society for the Protection of Human Rights that about 300,000 children are working in the Federal Republic of Germany. The Government adds that in 1983, a total of 1,165 infractions on the ban on child labour were reported and that neither the authorities in the Länder responsible for enforcing the Young Workers' Act nor the federal Government is able to reach even an approximate figure on the extent to which children are employed illegally.

The Committee takes note of these statements. It also notes the similar reply which was given in 1986 by the Federal Ministry for Family and Youth in the framework of the Parliamentary Inquiry on the living conditions of children in the Federal Republic of Germany.

The Committee requests the Government to indicate in its next report whether special measures have been taken or are envisaged to gather more precise and reliable data on the extent of any violations of the legislative provisions on the employment of children and to draw the attention of the competent authorities of the Länder to the desirability of paying special attention to these provisions in their enforcement activities. It hopes that the next report will contain detailed information on the inspections made, the violations noted and the sanctions imposed, as called for in point V of the report form.