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

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1–11 of the Convention and application of the Convention in practice. Organization and functioning of the employment service. The Committee notes the Government’s report which includes its response to the observations made by the German Confederation of Trade Unions (DGB) in 2015. The Government indicates that, despite an increasing qualitative mismatch between supply and demand in the labour market, the high rate of sustainable job placements has increased slightly (by 1.7 percentage points as compared to 2015), reaching 71.6 per cent in 2016. By focusing on the specific needs of persons distant from the labour market, intensive individual holistic integration counselling had further improved the placement rate for these persons, which had reached 41 per cent. The Committee notes that, in order to meet the increased demand for services due to the influx of refugees, additional caseworker positions have been created in the public employment service and in agencies dealing with unemployment insurance and basic financial security, including 100 caseworker positions providing services to severely disabled persons. The Committee requests the Government to continue to provide further detailed information on the application of the Convention in practice, particularly on the impact of measures implemented to enhance the capacities of the public employment service, and to provide further information, 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 through these offices. Please also provide updated information concerning the measures taken to secure effective cooperation between the public employment service and private employment agencies not conducted with a view to profit (Article 11).

Article 6(b). Migrant workers. Reaffirming that language courses are of utmost importance to facilitate the integration of refugees in the labour market and into the broader society, the Government indicates that the language assistance courses of the Federal Employment Agency (BA) will not be repeated. The Federal Office for Migration and Refugees is the agency responsible for providing language courses for refugees and, indeed, for all migrants. The capacities of that Office had been increased to enable it to provide occupation-related language assistance to 100,000 migrants in 2016, and to 200,000 migrants in 2017. The Government indicates that the BA’s work will continue to focus on the provision of customized counselling services for jobseekers and employers, taking into account its knowledge of the European Economic Area and the experience gained from its cooperation with the public employment services of other countries. The Committee notes that in order to improve the services offered by the BA to foreign jobseekers, the existing virtual welcome centres have been extended through the creation of additional virtual multilingual communication channels. The Committee requests the Government to continue to provide information on measures taken to facilitate the professional integration of migrants and refugees, particularly on the impact of the measures implemented.

Article 8. Juveniles. The Government indicates that, under the Working Alliances – Youth and Work project, the number of partnerships between youth employment agencies and municipal stakeholders, scientific and free public welfare organizations increased from 186 to 218 in 2015. These partnerships have been further extended to include schools. The Government states that, while precise participation rates for the assisted vocational training project are not yet available, in 2015, 5,400 places were available and 7,350 places starting in 2016. The Committee requests the Government to provide information, including statistics, on the impact of the measures taken by the BA to assist juveniles.

Article 11. Cooperation with private employment agencies. The Committee notes the Government’s reply to the DGB’s 2015 observations, referring to the 2012 legislative amendments requiring all agencies offering placement services to obtain licences. The Government states that its labour market policy is not aimed at outsourcing public employment services, indicating that measures adopted pursuant to the policy take a sustainable and holistic approach. The Government further indicates that the DGB’s observations do not reflect the current situation in the country, as shown by the drop in the use of recruitment and placement vouchers, which can be redeemed only when the agency places the jobseeker in sustainable employment. The Government indicates that from 2013 to 2014, the number of recruitment vouchers issued decreased from about 300,000 to 285,000, while the number of placement vouchers redeemed remained roughly the same (31,000 in 2013 compared with 29,700 in 2014). The placement rate during the same period increased from 61.4 per cent to 65 per cent. In 2015, 290,000 persons were placed in employment by the BA directly, and only 15,000 placement vouchers were redeemed. The Government thus considers that the aims of the 2012 legislative amendments were achieved.

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

The Committee notes the observations of the German Confederation of Trade Unions (DGB) received on 29 September 2015 recalling the reference made to “quasi-outsourcing” by the public employment services in the 2010 General Survey concerning employment instruments (paragraph 227). The DGB indicates that the aim of increasing the quality of mediation into employment through increased “competition” has not been successful and adds that the new employment relationships are often not sustainable. The Committee requests the Government to provide its comments in this respect.

[The Government is asked to reply in detail to the present comments in 2016.]

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

Articles 1 to 10 of the Convention. Organization and functions of the employment service. Encouragement of full use of services by employers and workers. The Committee notes from the Government’s report that the preventive approach of its active labour market policy was strengthened through the Act on the Improvement of Integration Opportunities in the Labour Market of 1 April 2012. The Act aims at accelerating the integration of jobseekers into gainful employment and reorganizing the field of state-subsidized employment, while continuing the core role of the Federal Employment Agency (BA) to support employers in the search of workers. To increase customer value and market proximity, this development of the legislative framework was accompanied by changing the BA’s organizational and management structures in 2012 and 2013, undertaken in close cooperation and consultation with a wide range of partners at the regional and local levels, to focus on diverse, interconnected and tailored activities of labour market actors instead of programmes to combat mass unemployment. As a result of these measures and due to the requirement for staff in the field of qualifications to be certified trainers since 2013, the integration rate has increased to 37 per cent in May 2015, when compared to 21 per cent until May 2013, while sustainable integrations have marginally increased from 69.6 per cent in 2013 to 71.1 per cent in 2015. The Committee notes that, following the merger of agencies and the streamlining of internal processes, there are currently around 1,070 employment agencies operating in the country, out of which 423 offices are administered by local authorities. The Committee notes the findings of the 2013 “BA 2020 – Answers from the BA to Questions about the Future”, which identifies eight areas of action to meet the six major labour market trends. In 2015, BA 2020 was extended to include “world of work 4.0/digitalization”. The Government states that approximately 970,000 job vacancies are published on its website in six languages. The website also contains about 3 million jobseeker profiles and is visited by up to 1.4 million visitors per day. Since the beginning of 2013, all BA services are also accessible through a mobile application which has been installed on 750,000 devices as of mid-2015. The Committee requests the Government to continue to provide information on the impact of measures implemented to enhance the capacity of the Federal Employment Agency to achieve the best possible organization of the employment market.

Articles 6(b) and 8. Migrant workers and young people. The Committee notes with interest that, in order to facilitate the professional integration of refugees, the BA intends to extend its support for language courses through a special measure financed through an intervention reserve. As regards young people, the Government reports that since 2010, the BA, together with umbrella associations and ministries, launched the project “Working Alliances – Youth and Work” aimed at improving the integration of young people with increased needs for support using a decentralized, regional and local approach. The Government indicates that actions under this project include joint labour market measures, one-stop government approaches or improvements to cross-agency communication and information, generally referred to as “youth employment agencies”. By the end of September 2014, 186 youth employment agencies had been set up. Three quarters of all employment agencies (118) and over half of the joint institutions (166) already offer these specialized services for youth, as well as nearly one in three approved local authority providers (34). The Government further states that, on 1 May 2015, assisted vocational training to support disadvantaged young people during their vocational training and the relevant training providers was introduced. In addition, the target group for training support measures has been extended. These measures are designed to prevent young people from dropping out of training and to ensure that more young people obtain a vocational qualification. The Committee requests the Government to continue to provide information on the impact of the measures taken by the Federal Employment Agency to assist migrant workers and young people.

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

Organization and functions of the employment service. The Committee notes the comprehensive analysis and detailed information provided by the Government in the report received in August 2010 in reply to the 2006 observation. The Committee asked the Government to report on the practical impact of the measures implemented by the newly created Federal Employment Agency (BA). The Government recalls that in the framework of the reform of the BA between 2005 and 2006, a results-oriented management strategy has been introduced that was geared towards cost-effectiveness. It states that one of the fundamental prerequisites for the success of this new management strategy was to create transparency with respect to results and processes and to provide clarity as to the BA’s general policy orientation. Also, a system of targets geared to outcomes was developed. Unlike the situation in the private industry, financial goals were not seen as top priorities. Rather, the target system had to reflect the mission as required by law. Therefore, success is measured on whether it is possible to avoid unemployment and whether the length of a client’s unemployment has been reduced. The Committee notes among the results achieved: a reduction of unemployment duration (down from approximately 168 days in 2006 to approximately 125 days in 2007); an increase in the number of persons integrated into the labour market (up from 37.3 per cent in 2006 to 42.2 per cent in 2009); an increase of the public institutions’ share in successful placements (up from 9.3 per cent in 2006 to 10.6 per cent in 2009); an increase of successfully filled vacancies (up from 203,725 in 2006 to 293,042 in 2009). The Government indicates that the BA’s efforts were focused on its core activities, namely advisory services and placement. Specific action programmes for employers were introduced in all employment offices at the end of 2006 as a central element of the reform. Cases of good practice were selected, systematized and publicized. The Committee also notes that in 2006, the BA placement, advisory and information system (VerBIS) was put into operation to complement the Job Exchange database. Since August 2009, jobseekers can register online. Approximately 820,000 jobs are currently offered on the Job Exchange, 3.7 million candidates’ profiles are published, an average of 665,000 persons visit Job Exchange every day and ten million persons view the site, which is one of the largest e-Government applications. The Committee refers to its observation on the application of the Employment Policy Convention, 1964 (No. 122) and expresses its appreciation of the efforts in implementing measures to achieve the best possible organization of the employment market through the public employment service in an extremely difficult period. It invites the Government to continue to provide, in its next reports on the application of Convention No. 88, relevant information concerning the results of measures implemented to enhance the capacity of the BA to promote full and productive employment (Articles 1 and 6 of the Convention).

Status and training of employment service staff. In reply to the 2006 observation, the Government indicates that out of a staff of approximately 110,000 persons, around 67,800 have employee status (of which around 800 are on temporary leave from civil servant status), and 15,600 have civil servant status. Some 23,200 persons are employed with fixed-term contracts and 3,200 are junior employees. Approximately 63,000 staff members are employed in the unemployment insurance field; 43,000 in the field of the guaranteed minimum income for jobseekers and 3,600 in the Family Allowance Fund. The Committee notes that the BA Diversity Management Strategy ensures that the varying experience and skills of certain staff members, such as migrants and persons with disabilities, are used specifically to meet clients’ needs. The Government also indicated that the Collective Agreement for Persons Employed by the Federal Employment Office (TV-BA) entered into force in January 2006 and that the BA has reviewed the in-house training system in recent years with a view to keeping staff members’ qualifications up to date.

Cooperation between the public employment service and private employment agencies. The Committee recalls its 2006 observation in which it invited the Government to report on the measures taken to ensure that cooperation between the BA and private employment agencies is effective within the meaning of Article 11 of the Convention. In paragraph 227 of the 2010 General Survey concerning employment instruments, the Committee also recalled that in Germany cooperation between public and private employment services has taken the form of quasi-outsourcing by the public employment services. In this regard, the Government confirms in its report that the private placement market is firmly established. The existing cooperation between the public and private services has been increased and private agencies make use of the Job Exchange platform to publish job offers. The Committee further notes that the possibility of outsourcing placement services to private providers has been expanded to cover more generally activation and vocational integration measures, including placement services, to assist persons seeking training, and those who were made redundant or who are unemployed (section 46 of the Social Code, Book III, as modified by the Law on Modification of Labour Market Policy, which entered into force on 1 January 2009). As part of the decentralized structure, the individual employment offices bear individual responsibility for using private providers’ services and for referring their clients to those services. The Committee invites the Government to continue to provide information on measures taken to ensure effective cooperation between the BA and private employment agencies.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the detailed and comprehensive information contained in the Government’s report for the period ending in May 2005.

1. Organization and functions of the employment service. The Committee notes the numerous legislative developments referred to in the Government’s report with respect to the operation of the public employment service. It notes in particular the action taken to reform the country’s employment services through organizational change and a reorientation of the newly named Federal Employment Agency (BA). The primary elements of these reforms include a new institutional structure accompanied by a decentralized management system, the introduction of welcome centres in each of the Government’s 180 employment agencies, an awareness programme for workers and employers on how to take advantage of employment services and counselling, call centres, as well as the development of information technologies, such as an online job market, for worker recruitment and placement. Given the Government’s indication that the essential elements of reform were to be implemented in 2005 and 2006, the Committee asks the Government to provide detailed information in its next report on the impact of the measures implemented, and specifically on their practical impact in enhancing the capacity of the Federal Employment Agency to promote full and productive employment (Articles 1 and 6 of the Convention).

2. Status of employment service staff. The Government reports that the restructuring of its employment services includes changes to the organization’s staffing system. In particular, the status of civil servant will no longer apply to future staff members. Rather, new recruits will have the status of employees. The Committee notes that, in this context, the civil service rules concerning staff qualification, training and advancement will not apply to individuals with employee status. Noting the Government’s objective to build a more flexible staff qualification system to allow the employment service to adapt quickly to the evolving needs of the labour market, the Committee asks the Government to continue providing information on the status and conditions of service of the staff of the Federal Employment Agency, taking into account the requirements of Article 9.

3. Cooperation between the public employment service and private employment agencies. The Committee notes that, for the first time in 1998, the Government allowed private providers to offer vocational guidance services. It further notes that the subsequent Job-AQTIV law introduced the opportunity for jobseekers to benefit from private placement and training services. In 2004, around 635,400 people were assigned to private placement services and, in the same year, 713,800 placement vouchers worth 2,000 euros each were issued to jobseekers to be used in a placement office of their choice. The Committee recalls that Convention No. 181 and Recommendation No. 188, adopted by the International Labour Conference at its 85th Session (June 1997), recognize the role played by private employment agencies in the functioning of the labour market. It therefore asks the Government to provide additional information on the measures taken to ensure that cooperation between the Federal Employment Agency and private employment agencies is effective within the meaning of Article 11 of Convention No. 88.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in its report for the period 1985-89. It also takes note of the observations made by the German Confederation of Trade Unions (DGB) to the effect that the obligation to maintain a free public employment service is not met to the required extent. The DGB states that employment offices can no longer fully carry out their functions of recruitment and placement because of the personnel shortages, and that the various legal amendments and interventions have led to a situation in which they are incapable to ensure "the best possible organisation of the employment market", as demanded by the Convention. The DGB further refers in particular to the inadequate supervision of the temporary employment agencies and their licencing as well as of the firms of personnel consultants by the Federal Labour Institute.

In its reply to these observations the Government states that the arguments put forward by the DGB are inapplicable. The scope of the Federal Labour Institute has not been restricted. The Federal Government is aware of the enormous effort and commitment demanded of the personnel in view of the large numbers of jobseekers, and the measures taken have led to an increase of the staffing potential of the employment service. As regards temporary employment agencies, the Government states that they do not compete directly with the employment services of the Federal Labour Institute and that they are inspected not only by the Institute, but also by a number of other authorities. As regards the criticism concerning personnel consultants, the Government states that they are not involved in recruitment and job placement, so long as they adhere to the agreement between their syndicates and the Federal Labour Institute concerning "Principles in respect of the separation of personnel consultancies and employment exchanges in the filling of executive posts in industry and commerce".

The Committee has noted these observations and comments. It asks the Government to continue to supply in its future reports information, in accordance with the report form, on any further measures taken to ensure the maintenance of a free public employment service, as well as the best possible organisation of the employment market in co-operation where necessary with other public or private bodies concerned (Article 1 of the Convention). As regards questions related more specifically to temporary employment agencies and personnel consultants, the Committee asks the Government to refer to the questions dealt with in the observation of the DGB in its next report under the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96).