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

Equal Remuneration Convention, 1951 (No. 100) - Germany (Ratification: 1956)

In its previous comments on the criteria used in job classification, the Committee had referred in particular to wage groups for "light work" (having their origin in former female wage categories).

The Committee notes with interest that the Federal Labour Court has concluded in two recent decisions (4AZR 707 and 4AZR 713/87 of 27 April 1988) that, in defining the term "light physical work", not only the previously accepted criterion of muscle demand should be taken into account, but also all factors that put pressure on workers and result in physical reactions (including standing or maintaining certain positions, repetitive work, nervous strain and noise, or the pulse rate at work). The Court also considered, having taken account of expert opinion on the average male and female physical capacity, that the difficulty inherent in one and the same job should be calculated according to the respective strength of the man or woman doing the job.

The Committee requests the Government to continue to provide information on developments in the application of the principle of the Convention, including any relevant court decisions.