Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

In its previous observations, the Committee had referred to wage groups for "light work", which had their origin in former female wage categories. The Committee notes the Government's indication that the Federal Labour Court's decisions (4/AZR 707 and 4/AZR 713/87 of 27 April 1988, already noted by the Committee) defining the term "light physical work" to include not only the criterion of muscle demand but also other factors (such as the requirements of standing or maintaining certain positions, repetitive work, nervous strain and noise or the pulse rate of work) and concluding that the difficulty inherent in one and the same job should be calculated according to the respective strength of the man or woman performing the job, are steps towards the improvement of job classifications and equality in the remuneration of women workers. It also notes that the Government's Eighth Report to the Federal Diet on the application of the principle of equal remuneration, under article 119 of the EEC Treaty, defines "wage groups for light work" as wage groups set out in collective agreements for physically light, unskilled (lower grade) work.

Noting the Government's statement that employers' and workers' organizations are familiar with the 1988 court decisions, but also that 21 collective agreements still contain "wage groups for light work" and that, while the social partners ought to make greater efforts to eliminate such potentially discriminatory categorizations, the Government cannot intervene directly in the contents of freely concluded collective agreements in the private sector, the Committee trusts that the Government will appeal to the social partners, in accordance with Article 4 of the Convention, to take account of the decisions of the Federal Labour Court when renegotiating the 21 collective agreements in question so as to eliminate those remaining "wage groups for light work" which are based exclusively on physical effort. The Committee requests the Government to provide copies of any of these agreements which have been renegotiated and any recent court decisions concerning this issue.