Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Allemagne (Ratification: 1989)

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 on these observations.

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the information provided by the Government regarding the measures taken to promote the employment of persons with disabilities, as well as a general assessment of the implementation of the Convention. The Government indicates that, to consistently attract and retain persons with disabilities in the labour market, the Federal Employment Agency, along with other rehabilitation providers, job centres, and the Integration Offices of the federal states, offers a broad range of specific support, rehabilitation and participation services. Since 1 January 2018, the Federal Act on Participation has expanded options available to persons with disabilities who are not yet able to pursue a regular job due to their impairment. Additionally, Participation Support, a labour market policy instrument introduced in 2018, provides personalized, needs-based support to help individuals prepare for and transition into employment or in-company training. As of 1 January 2020, the Vocational Education and Training Modernization Act allows part-time vocational training for all participants in dual training programmes, including those with disabilities or learning impairments. As of 1 January 2022, the Participation Strengthening Act established single points of contact for employers to provide businesses with independent, cross-agency information and advice on training, hiring and employing people with severe disabilities. They also assist employers in applying for benefits. These service points support small and medium-sized enterprises (SMEs) with no prior experience in hiring persons with severe disabilities, alleviating bureaucratic burdens and facilitating compliance with legal hiring obligations. In its observations, the DGB indicates that persons with disabilities in Germany are significantly more likely to experience unemployment. The legal situation regarding the employment of individuals with disabilities and the distribution of responsibilities remains overly complicated. There are still barriers to accessing existing benefits. The DGB adds that, while entitlements exist, bureaucratic obstacles are high, as highlighted by the establishment of single points of contact for employers. The DGB welcomes the fact that businesses, particularly smaller ones, are receiving support in applying for services to include persons with disabilities in the labour market. Nonetheless, this necessity also shows that the process is overly complicated. The Government indicates that, despite a pandemic-related decline in employment in 2020, the number of persons with severe disabilities and those of equivalent status working in companies with at least 20 workers increased by 97,201 (or 9.6 per cent), from 1,014,071 in 2014 to 1,111,272 in 2021. Data concerning the number of persons with severe disabilities employed by companies with less than 20 workers – who are not legally obliged to hire persons with severe disabilities – is collected only every five years. In 2020, this figure was approximately 223,400, compared to around 168,000 in 2015. In contrast, the total number of working-age individuals (ages 15 to under 65) with severe disabilities living in Germany declined by almost 200,000 from 2013 to 2021 (5.9 per cent). The unemployment rate for persons with severe disabilities is calculated based on a limited reference value. Accordingly, the overall unemployment rate in 2021 was 7 per cent, while the unemployment rate among persons with severe disabilities stood at 11.5 per cent. The gap between these two groups has narrowed (from 5.2 percentage points in 2015 to 4.5 percentage points in 2021). The Committee notes the Government’s indication that the percentage of employers that are legally required to hire persons with severe disabilities but do not employ any has slightly increased, reaching 25.9 per cent in 2021. To address this issue, as of 1 January 2024, the Act to Promote an Inclusive Labour Market will significantly increase the penalties imposed on these employers, thereby incentivizing them further to hire persons with severe disabilities. The Committee notes from the 2023 concluding observations on Germany’s combined second and third periodic reports that the Committee on the Rights of Persons with Disabilities (CRPD) noted with concern the high incidence of unemployment among persons with disabilities, in particular persons with intensive support requirements, the high number of persons with disabilities enrolled in sheltered workshops and the low rate of transition to the open labour market (CRPD/C/DEU/CO/2-3). The Committee requests the Government to continue to provide information, including statistical data, on the impact of the measures taken concerning vocational rehabilitation and employment of persons with disabilities, including those taken to increase the penalties imposed on employers failing to comply with hiring requirements, and those taken to reduce barriers in accessing benefits. It also requests the Government to provide updated information on the impact of the measures implemented to promote employment for persons with disabilities in the open labour market. Additionally, it requests the Government to continue to provide employment statistics, disaggregated by age, sex and the nature of disability.

Article 5. Consultation with the social partners. The Committee notes the information regarding the consultations with the social partners and organizations of persons with disabilities, including within the Advisory Board for the Participation of Persons with Disabilities. This Board advises on measures, projects and programmes financed by the Compensation Fund. It consists of 49 members, including representatives of employers, workers, and organizations for persons with disabilities. Furthermore, the Committee notes the general assessment of the Convention’s implementation included in the Government’s report, which refers to a 2015 study. This study examined the implementation status of the Workplace Integration Management (BEM) programme in industry and identified factors supporting and hindering its implementation by 2018. The results showed that, although the BEM concept is generally favourably regarded, certain quality criteria are lacking in BEM structures and that a culture of trust is urgently required. Obstacles for employers included the amount of information and the high number of offerings. Further areas for improvement that were mentioned include the cooperation of the social partners and the involvement of the Integration Offices. The Committee requests the Government to continue to provide updated information on the content and outcome of the consultations held with the social partners and organizations representing persons with disabilities on the matters covered by the Convention, including within the Advisory Board for the Participation of Persons with Disabilities.