Solicitud directa (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

Convenio sobre la edad mínima, 1973 (núm. 138) - Alemania (Ratificación : 1976)

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.