Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information provided by the Government in its report.

1. The Committee notes from the statistics provided that there remains a marked, and only slightly improved, difference between male and female representation in the workforce of the producing industries, especially in the categories of skilled and unskilled work. The figures reflect that, in 1997, 60.1 per cent of males in the workforce were in the skilled work category in the old federal states, as compared with 9.6 per cent of females in the workforce. In contrast, 9.8 per cent of males in the workforce were in the unskilled work category of the old federal states as compared with 47.6 per cent of females in the workforce. The statistics also show that a wage gap between men and women within these different categories continues to exist. In this respect, the Committee requests the Government to provide information on what measures are being taken or contemplated to bring about a more balanced representation of males and females in the skilled and unskilled categories of the producing industries. It also requests information on measures taken to reduce the wage gap, including, for example, measures to improve the skill levels of women, and to ensure that jobs are evaluated on the basis of objective criteria that reflect the types of work women do as well as the types of work men do.

2. With reference to its previous comments concerning the continued inclusion of wage categories for light physical tasks in a number of collective agreements, the Committee notes the Government's indication that the 11th report on the matter was to be submitted to the German Federal Parliament in November 1998. The Committee notes from the Government's report that 26 collective agreements still contain "light wage categories", one less than during the previous period scrutinized, and that, between 1990 and 1995, the number of women in "light wage categories" was reduced by almost half, while the number of men increased by over 60 per cent. The Committee also notes the view, long maintained by the federal Government, that the mere existence of "light wage categories" in certain collective agreements is no indication of whether or not women's work is actually undervalued and that this is demonstrated by the fact that not only women, but to an increasing extent, men are placed in these categories. It also states that, with just a little less than 0.5 per cent of workers of both sexes in the processing industries, only a very small proportion of workers are affected.

3. The Committee recalls that it had previously noted that the most recent jurisprudence of the Federal Labour Court ensures that a higher classification can be obtained for jobs which, while physically lighter, involve mental and nervous strain; and that the category of "physically arduous work", which is better paid, also includes jobs which involve not only muscular but other strain on human beings which can result in physical reactions. Noting the Government's statement that the German Federal Parliament and the federal Government hold the continued view that the parties to collective agreements should continue to endeavour to improve the classification criteria of unskilled activities in their collective agreements, which, almost without exception, are geared to physical strain, the Committee again expresses the hope that the Government will pursue more specific and proactive measures to encourage the social partners to take account of such rulings. It hopes to receive information in this connection in the Government's next report.