Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the German Confederation Trade Union (DGB) of 5 December 2016.

Article 2 of the Convention. Minimum wages. The Committee takes note of the adoption of the Minimum Wage Act, entered into force on 1 January 2015, which introduced a general statutory minimum wage. It notes that workers aged 18 years or younger, trainees in vocational training or interns, as well as long-term unemployed workers in the first six months of employment are excluded from the scope of the new legislation. Collective agreements can fix higher sectoral minimum wages. The Committee notes that while there is no study available yet on whether and how the legislation might influence the gender pay gap, the DGB indicates that a slight narrowing of the gender pay gap was observed as a direct consequence of the new legislation. It notes that the Federal Statistical Agency also considered that it may have reduced the gender pay gap by 1 percentage point. The Committee however notes that, in its 2018 concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) expressed concern that a significant number of workers are reportedly paid below the minimum wage (E/C.12/DEU/CO/6, 12 October 2018, paragraph 36). The Committee therefore requests the Government to provide statistical information on the percentage of women and men who are paid the national minimum wage, as well as on the number of workers who are reportedly paid below the minimum wage. It further requests the Government to indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men. The Committee requests the Government to provide a copy of collective agreements fixing minimum wages.

Articles 2 and 4. Collective agreements and collaboration with social partners. The Committee notes the Government’s indication, in its report, that several initiatives have been developed in collaboration with the social partners in order to identify and reduce the gender pay gap. It notes that, according to the DGB, the “What do women earn? Economic Independence!” project, jointly held with the Government since September 2014, which aims at strengthening the economic autonomy of women, already contributed to reducing the gender pay gap by placing the issue on the agenda of business, trade unions and political actors. Referring to its previous comments concerning equal pay for men and women in rural areas, it notes that as a result of the project launched by the German Association of Agricultural Women and the Government, 14 women have been trained as “equal pay advisers” between 2014 and 2015 to explain to women and men in rural areas topics such as gender-stereotypical career choices, part-time employment and long career breaks; to encourage equitable sharing of family responsibilities; and to provide information on equal pay in cooperation with regional business associations, business chambers and municipalities. The Committee further notes that, as highlighted by the DGB, the “Collective Bargaining and Equal Pay” project has shown that the gender wage gap of workers covered by collective agreements has declined over time and is significantly below those of workers not covered by such agreements. Nevertheless, it notes that there is still an unexplained residual wage gap also for workers covered by a collective agreement. The Committee requests the Government to provide further information on the activities implemented in collaboration with social partners in rural areas, including by equal pay advisers, in order to promote the application of the principle of the Convention and the impact thereof. It also requests the Government to provide information on any follow-up measures taken on the basis of the results of the “Collective Bargaining and Equal Pay” project.

Article 3. Tools for the assessment of the gender pay gap and tools for objective job evaluation. Referring to its previous comments concerning the developments of the Logib-D equal pay assessment online tool which helps employers in identifying gender disparity in their pay structure, the Committee notes the Government’s indication that as a result of the evaluation undertaken in 2013, a new IT-supported model process has been developed to help employers in the implementation of the Transparency in Wage Structures Act. It notes that, as reported by the Government in the framework of the European Social Charter of the Council of Europe, this new “monitor pay transparency” tool is a free online tool offering that will enable workplaces to conduct operational audit procedures under the Act. As a result, the Logib-D website was scheduled to be shut down at the end of 2017 (35th National Report, RAP/Cha/DEU/35(2018), 28 December 2017). The Government adds that this tool also includes modules and approaches from the previously referred “eg-check”, an equal pay checking tool that helps to evaluate the main elements of remuneration, and that the six-step ILO Job Evaluation Tool is also available to help enterprises in that regard. The Committee further notes that the Examination of Job Evaluation Procedures (EVA) list, forwarded by the Government, also allows individual job evaluation procedures to be reviewed for gender neutrality using selected questions. The Government states that the list assesses job evaluations in collective agreements and company agreements and is easily used by social partners engaged in the bargaining process. The Committee requests the Government to provide information on the use and impact of the various assessment tools, including the new “monitor pay transparency” and “eg-check” tools. It further requests the Government to provide information on the use of the EVA list by the social partners engaged in the bargaining process, including the results of relevant studies and reports analysing the impact of the EVA list in practice. The Committee requests the Government to provide information on any other steps taken to develop and implement objective job evaluation methods and the results thereof.

Enforcement. The Committee notes the Government’s indication that, in a 2014 judgment, the Labour Court of Rhineland-Palatinate ruled that the non respect of the right to equal pay is to be considered as a breach of the prohibition of discrimination under the General Equal Treatment Act. It further notes that, as reported by the Government in the framework of the European Social Charter of the Council of Europe, since the start of the Federal Anti-Discrimination Agency (FADA) in 2006, counselling has been provided in a total of 303 cases of alleged gender-based wage discrimination (35th National Report, RAP/Cha/DEU/35(2018), 28 December 2017). It notes that, in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that an independent commission appointed by the FADA presented recommendations on dealing with gender discrimination, particularly concerning pay discrimination. The Committee however notes that, in its 2017 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned about the limited mandate of the FADA, which, notwithstanding its increased resources, continues to lack sufficient authority to file or support court cases, launch investigations or impose sanctions in response to discrimination claims (CEDAW/C/DEU/CO/7-8, 9 March 2017, paragraph 17). It also notes, that according to the European Foundation for the Improvement of Living and Working Conditions, there is some indication that cases of discrimination are significantly under-reported. The Committee requests the Government to provide information on the recommendations made by the independent commission appointed by the Federal Anti-Discrimination Agency on gender pay discrimination. It further requests the Government to provide information on any cases concerning the application of the principle of the Convention addressed by the Federal Anti-Discrimination Agency, as well as any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value. The Committee requests the Government to indicate any measures taken or envisaged to consider expanding the mandate of the Federal Anti-Discrimination Agency to include the investigation and filing of complaints in court.