Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Employment Policy Convention, 1964 (No. 122) - Germany (Ratification: 1971)

Articles 1, 2 and 3 of the Convention. Implementation of an active employment policy. The Committee notes the comprehensive information contained in the Government’s report for the period ending in May 2009, including detailed replies to the issues raised in the 2008 observation. The Government states that the German industry was going through an extremely difficult period. In the second half of 2008, there was a significant fall in GDP as a result of the global financial and economic crisis, leading to economic growth of only 1.3 per cent in 2008. In the first quarter of 2009, GDP fell by a further 6.7 per cent as compared to the same period in the previous year. The average figure for unemployment in 2008 was 7.8 per cent (old Länder, 6.4 per cent; new Länder, 13.5 per cent). In June 2009, 3,410,000 persons were unemployed in Germany. The Government provided information on the main labour market reform measures undertaken and the results achieved in terms of insertion into labour. The Committee notes that the Law on Modification of Labour Market Policy entered into force on 1 January 2009 and aims at integrating jobseekers and potential trainees more quickly into the labour market. The Government intends to strengthen preventive measures within an active labour market policy. A core element of this strategy is the introduction of the right for young people and adults who have left school without a qualification, to receive support and obtain a secondary education degree, which will improve their chances to enter the labour market and to acquire professional qualifications. The Committee requests the Government to provide information in its next report on policies and programmes promoting full employment and how these policies and programmes will translate into productive and lasting employment opportunities for the unemployed and other categories of vulnerable workers affected by the crisis. It trusts that the Government will continue to provide information on the consultations held on the matters covered by the Convention with the social partners, including details of their contribution to mitigate the effects of the global crisis and to implement an active employment policy.

Long-term unemployment. The Government reports that the number of persons without work for more than 12 months in the years 2007 and 2008 continued to decline to 1.1 million persons, which is equivalent to 36.6 per cent of all unemployed. The rate of women among the long-term unemployed stood at 52.7 per cent in 2008, of which 64 per cent were registered in the new Länder. In both regions, women (39.5 per cent) were relatively more severely affected by long-term unemployment than men (33.5 per cent). As part of the measures to decrease this form of unemployment, the Government has extended the federal “50plus” programme, which is aimed at reintegrating older workers in employment, until the end of 2010. During the first phase of this programme, between October 2005 and December 2007, 79,670 older long-term unemployed persons could be activated, resulting in 22,562 integrations from within this group. The new measures adopted in 2008 enabled the activation of 73,800 older long-term unemployed, of which some 19,500 became employed or founded a company. The Committee further notes the employment subsidy programme “JobPerspective”, in which employers contribute, for a maximum period of 24 months, up to 75 per cent of the salary of persons with specific impediments for placement. In April 2009, approximately 32,000 persons were in the Job Perspective programme. The Government further states that the overall decrease of unemployment, and thus including long-term unemployment, that has been achieved until the effects of the worldwide economic crisis became apparent in October 2008, was not only an effect of the favourable economic environment. Rather, this development is also owed to the success of the legislative measures adopted in 2008 to modernize public employment services through which structural unemployment could be reduced and long-term unemployment prevented. The Committee asks the Government to continue providing information in its next report on the results achieved through measures taken to combat and prevent long-term unemployment.

Youth unemployment. The Committee notes that the median unemployment rate of persons below the age of 25 years has slightly declined from 10.8 per cent in 2006 to 8.5 per cent in 2007, reaching 7.1 per cent in 2008. In June 2009, the unemployment rate stood at 7.5 per cent, which is still below the overall unemployment rate of 8.1 per cent. The unemployment rates of persons below 25 years differ between the new and old Länder, amounting to 6.4 per cent for the old Länder and 12.1 per cent for the new Länder. To combat this development, the federal Government and the governments of the new Länder continue to support the “Apprenticeshipprogram East”, which focuses on additional apprenticeship positions. The Federal Ministry for Economics and Labour has extended until 2010 and further developed the National Education Pact, which includes several employment promotion measures and resulted in 86,500 new apprenticeship positions and 616,259 new apprenticeship contracts. The costs of all youth-related employment policy measures in 2008 amounted to 1.3 billion euros, benefiting 173,200 apprentices. The Committee asks the Government to continue providing detailed information in its next report on the efforts made to improve the employment situation of young persons, and the results achieved in terms of job creation and sustainable employment as a result of the programmes adopted.

Women. The Committee notes that the employment rate among women increased from 60.6 per cent in 2005 to 64 per cent in 2007 and reached 65.4 per cent in 2008, whereas the respective rates for men stood at 71.3, 74.7 and 75.9 per cent. Women seem to have been less affected by the economic crisis than men. While the men’s unemployment rate in May 2009 has increased by 13.4 percentage points as compared to the same month in the previous year, the women’s unemployment rate for that period has decreased by 3.1 percentage points. In the same month, the overall unemployment rate of women (7.9 per cent) was below that of men (8.5 per cent). The Government indicates that part-time work does not generally constitute precarious employment but can be an adequate means for securing and fostering workplaces, contributing to equal employment opportunities for men and women in all age groups. The Government is concerned about workers remaining in lowly remunerated employment and sees it as necessary to ensure especially women’s shift into employment that is subject to social security contributions. The Committee invites the Government to include in its next report information on how recently adopted measures have translated into lasting employment opportunities for women, in particular in the new Länder.