Demande directe sur la soumission aux autorités compétentes (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Allemagne

Submission. The Committee notes the Government’s indication that it was not possible to submit the Night Work Convention, 1990 (No. 171), the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948, and the Night Work Recommendation, 1990 (No. 178), to the Parliament during the reporting period. The Government indicates that the ratification of Convention No. 171 has been initiated several times. However, according to the German Constitution, the ratification of an international covenant requires enacting a correspondent law, which is complex and time-consuming. In this regard, the Committee recalls that that the obligation of ILO Member States to submit the instruments adopted by the Conference to the competent authorities does not imply any obligation to propose the ratification or application of the instruments in question, or to take any other specific action. Pursuant to article 19 of the ILO Constitution, Member States have complete freedom as to the nature of the proposals to be made, if any, when submitting the instruments. In this respect, the Committee draws the attention of the Government to the Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities, adopted by the Governing Body in 2005, particularly Part I on the aims and objectives of submission. The Committee therefore reiterates once again its request that the Government provide information on the submission to Parliament of the three instruments on night work adopted by the Conference at its 77th Session (1990). The Committee expresses once again its trust that the Government will provide the requested information without further delay. It also requests the Government to provide information on the submission of the Safe and Healthy Working Environment (Consequential Amendments) Convention (No. 191) and Recommendation, 2023 (No. 207) and the Quality Apprenticeships Recommendation, 2023 (No. 208), adopted by the Conference at its 111th Session.