Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1–3 of the Convention. Implementation of an active employment policy. Labour market trends. The Committee notes the Government’s report, including replies to its previous comments, as well as to the 2013 observations made by the German Confederation of Trade Unions (DGB). The Committee also notes the information provided by the Government regarding legislative amendments adopted and evaluated in consultation with the social partners. The Government indicates that the solid growth of the German economy, together with measures adopted – especially for low-skilled and older workers – focusing on decentralization, flexibility, individuality, quality and transparency, and supported by cooperation with the social partners, has continued to favorably influence the overall situation in the labour market. These factors have made it possible to overcome the historic trend towards consolidated unemployment. Economic growth was mirrored by a corresponding increase in the participation rate of a larger proportion of society in the labour market and decreases in underemployment and core unemployment. The Committee notes that there are currently 43 million persons in employment, of which 30.8 million are in jobs subject to social security contributions. In particular, the employment rates of women aged 20–64 years and of older workers (55 to below 65 years) have increased disproportionately. The employment rate for women increased by 10 percentage points, reaching 73.6 per cent, while the rate for older workers rose by 20 percentage points, reaching 66.2 per cent. The Committee further notes that the number of unemployed persons has decreased by 156,000 since 2013, and now stands at 2.8 million – equivalent to 5.9 per cent of the population – the lowest since 1992. From 2013 to 2015, the number of long-term unemployed persons decreased by 30,000 persons, equivalent to 2.8 per cent. The number of unemployed young persons has also continued to decrease. In 2014, there were 258,000 unemployed young persons (between 15 and below 25 years), whereas in 2015 this number had decreased to 239,000. As of 2016, there are 227,000 unemployed young persons – about 5 per cent of the total number of young persons in Germany – a figure which is below the general unemployment rate. The Government indicates that the low unemployment rate for young persons is due to the fact that young persons between 15 and 20 years of age who are currently unemployed are being integrated into the education system. In this respect, the Committee takes note of the DGB’s Apprenticeship Report of September 2016, which indicates that unemployed young persons are being integrated into the education system, but that many are maintaining their applications with the Federal Employment Agency as they continue to search for employment or apprenticeship opportunities. The Government indicates that in May 2016 the unemployment rate for young persons between 20 to below 25 years of age, who are less easily integrated into the education system, was 5.6 per cent, a figure higher than the general unemployment rate for young persons between 15 and under 25. The Committee requests the Government to continue to provide information on active employment measures adopted and implemented, and on cooperation with the social partners in this regard, as well as on the impact of such measures to promote full, productive and sustainable employment opportunities, as laid down in Articles 1, 2 and 3 of the Convention. The Committee requests the Government to provide information on measures taken to facilitate access to employment and apprenticeship opportunities also for young persons, particularly those between 20 and 25 years of age.

Long-term unemployment. Further to its previous comments and the DGB’s observations, the Committee notes that despite the decrease in the number of long-term unemployed, since 2009, the number of long-term unemployed has remained stable, amounting to an annual average of 1.1 million persons. One fourth of the number of long-term unemployed persons is 55 years or older and half are low-skilled. The Government is aware that long-term unemployed persons have benefited little from the positive developments in the labour market. As their situation is often due to a range of factors, the Government’s 2014 programme “Open opportunities – secure social participation” aims to integrate this group through offering a package of customized support measures implemented by various stakeholders, including the Public Employment Service, municipalities and employers, who receive salary subsidies. The Committee requests the Government to provide further information on the measures undertaken to help long-term unemployed persons to obtain lasting employment. It also requests the Government to provide information regarding the impact of the “Open opportunities – secure social participation” programme.

Young persons. The Committee notes that, building on the good experiences from the “Integration through exchange” programme, the Government intends to implement active employment policy measures, especially for disadvantaged young persons, to assist young persons in securing and successfully completing apprenticeships. The Committee requests the Government to provide information on the impact of active employment policy measures targeting young persons, including young persons with diabilities and disadvantaged youth.

Refugees. Taking into account the high influx of refugees entering Germany since 2013, the Government has adjusted its instruments to accelerate their integration into the labour market, including expediting asylum procedures and offering more possibilities to participate in language courses, combined with providing employability checks in initial reception facilities. The Committee requests the Government to provide further detailed information, including statistics, on the outcome of the measures taken to integrate refugees into the labour market.

“Mini-jobs”. Temporary agency workers. In reply to the Committee’s previous comments and the DGB’s observations, the Government refers to the 2016 amendment to the law regulating the maximum period – now limited to 18 months – that temporary work agency workers can be made available to user enterprises. Following the expiration of this 18-month period, temporary agency workers must be employed directly by the user enterprise. The Committee notes that the 2016 amendments, which were adopted through a process of intensive dialogue with the social partners, now allow for new forms of temporary employment contracts to be agreed by the social partners, that balance employers’ needs for more flexibility while simultaneously providing temporary agency workers with more security. The Government also indicates that, since the introduction of a minimum wage in 2013, persons working in “mini-jobs” enjoyed disproportionately higher salary increases than other workers, and over 100,000 people were able to switch from a “mini-job” to an employment subject to social security contributions. The Committee notes that over the past five years, the use of “mini-jobs” has become less prevalent. From 2010 to 2015, employment subject to social security contributions increased by 10 per cent, while the number of “mini-jobs” increased by only 3.5 per cent. The Government adds that the heterogeneous structure of “mini-jobbers” was taken into account in the reforms. The Committee requests the Government to continue to provide information regarding the impact of measures taken, in consultation with the social partners, to promote lasting employment for workers in “mini-jobs”. It also requests the Government to provide information on the impact of the 2016 amendments with respect to the use of new forms of temporary employment contracts, including information on the manner in which sustainable employment is promoted in the context of these forms of contract.