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

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

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the German Trade Union Confederation (DGB) and the United Services Union (ver.di.), received on 6 December 2016. It further notes the observations of the Confederation of German Employers’ Association (BDA), and the International Organisation of Employers (IOE), received on 28 and 31 August 2018, respectively.

Articles 2, 3 and 4 of the Convention. Formulation and application of a policy to promote the granting of paid educational leave. Coordination of the policy. In reply to the Committee’s previous comments, the Government indicates that the issue of adult education falls within the legislative powers of the federal states (Länder), and that there are different arrangements and regulations governing paid educational leave in 14 out of the 16 Länder. It adds that the coordination between the Länder in the area of legislation governing leave is regulated by the Standing Conference of the Ministers of Education and Cultural Affairs. The Committee notes the information provided by the Government on the different regulations in place at the level of the Länder. In their observations, the DGB and the ver.di. indicate that two of the 16 Länder – Bavaria and Saxony – do not have any provisions in place for granting paid educational leave. They maintain that the lack of paid educational leave for the purposes set out in Article 2 of the Convention, particularly in relation to trade union education, has resulted in lower levels of participation in trade union education activities in the two Länder in question. Moreover, the workers’ organizations allege that the paid educational leave provisions in place in the remaining 14 Länder are insufficiently enforced. The Committee also notes the brief observations of the DBA, which indicate its general agreement with the Government’s report. The Committee notes that the Government does not provide information on the manner in which the Government promotes the granting of paid educational leave for the purposes specified in Article 2 of the Convention, nor does it indicate the manner in which provision has been made to promote the granting of paid educational leave in all of the Länder. The Committee therefore reiterates its request that the Government continue to provide information on the manner in which the policy to promote granting of paid educational leave for the purposes set out in Article 2(a), (b) and (c) of the Convention is formulated and applied in the country, including in all of the Länder. In addition, the Committee requests the Government to supply information on the activities of the Standing Conference of the Ministers of Education and Cultural Affairs in relation to the coordination of the different legislative frameworks governing paid educational leave.

Application of the Convention in practice. In response to the Committee’s request for information concerning the application of the Convention in practice, the Government indicates that the right to paid educational leave is guaranteed by the laws of the Länder. The Government does not, however, provide information on the manner in which the Convention is applied to workers across the country. In particular, the Government does not indicate the manner in which the Convention is applied in the two Länder that have not adopted provisions governing paid educational leave. The Committee therefore reiterates its request that the Government provide information on the manner in which the Convention is applied in practice, including, for example, extracts from reports, studies and inquiries, as well as disaggregated statistics on the number of workers granted paid educational leave.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2 and 3 of the Convention. Formulation and application of a policy to promote the granting of paid educational leave. The Committee notes that, in reply to the previous observations of the German Confederation of Trade Unions (DGB) regarding the limited number of laws adopted by the Länder and the shortage of information on the amount of paid education leave granted, the Government provides a detailed overview of the application of the Convention as at August 2014, segregated by Land. For some Länder without a legislative framework for paid educational leave, the Government states that a list of recognized educational institutions is published on the website of the authorizing authority. The Committee requests the Government to continue providing information on how the policy to promote the granting of paid educational leave in regard to the attainment of each of the objectives set out in the Convention is formulated and applied in the country. It also requests the Government to provide information on how the arrangements of paid educational leave are granted by the Länder.

Application of the Convention in practice. With regard to the amount of paid education leave granted, the Government indicates that statistics are no longer available at the national level due to the fact that the Länder have almost all suspended the collection of such data. The Committee notes that, in some Länder with a legislative framework on paid educational leave, statistics are collected and submitted to the respective parliaments. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice in the country, including, for example, extracts from reports, studies and inquiries, and statistics on the number of workers granted paid educational leave.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report for the period ending in May 2013. It further notes the concerns formulated by the Confederation of German Trade Unions (DGB) regarding the limited number of laws adopted by the Länder and the shortage of information on the number of paid education leaves granted. The Committee invites the Government to provide a report containing information on the policies designed to promote the granting of paid educational leave. It also invites the Government to indicate the manner in which employers’ and workers’ organizations, and institutions or bodies providing education and training, are associated with the formulation and application of the policy for the promotion of paid educational leave (Article 6). Please also provide general information on the manner in which the Convention is applied in practice (Part V of the report form).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report for the period ending in May 2013. It further notes the concerns formulated by the Confederation of German Trade Unions (DGB) regarding the limited number of laws adopted by the Länder and the shortage of information on the number of paid education leaves granted. The Committee invites the Government to provide a report containing information on the policies designed to promote the granting of paid educational leave (Article 2 of the Convention). It also invites the Government to indicate the manner in which employers’ and workers’ organizations, and institutions or bodies providing education and training, are associated with the formulation and application of the policy for the promotion of paid educational leave (Article 6). Please also provide general information on the manner in which the Convention is applied in practice (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee requests the Government to continue to provide detailed information on the legislative provisions and the clauses of the collective agreements which provide for the granting of paid educational leave. Please also continue to provide any available information on the trends which are developing in the practical application of the Convention in the different Länder, such as, for example, the statistical data in respect of budgets set aside for the granting of paid educational leave or the number of workers who are granted leave for each of the educational purposes provided for (Part V of the report form).